St. Mary's beacon. [volume] (Leonard Town, Md.) 1845-1863, 1861-11-21
What in and what 10 not Treason

- y
prayer.
What 10 and what 10 not Treason
It has been 50 long the CUSTOM "rfash-
;on cf the royal-we beg pari"'-,h"
loyal prsss Of Maryland to dcnouse as
traitors all who oppose the war poly ~
the Administration ny talking or wiling.
! th.. very many innocent peoole real' be-
lievc that such talking or writings is trca-
sou under the sta,utes and that it Org re-
main. to have the matter tested , ser
se,ueho,;y hung up by the neck. We d.
not know how better We can enlishta our
frie,..i> on hi. OH. than By ',r"'i' =
w- .'o below, the charg" Of Judge Nison.
Of New York. The St. Mary's cu',v
candidate for the vice presidency last hill
| to the Grand Jury Of that State.
"Al,haugh," says the Judge. mo case
Of this description Or-ason sg,i'is,ih thu
United S,at.s) has been prc=ei',1 by the
:-:s:rict Attorney ss be specially submit
ted to you. it nay nut be nut Of -. t.
call yonr attention, in gcnerai Way: II
the elements constituting this "irnc". J.
j. ,h- ii9 i.vet crime known 4, society -an,!
was deemed By the founder: Of yoar g's-
.rnnca; "f 80 mitch i,np rtuc-. both il
respec. to the Government nj the ci izcn.
H.. they specially dc6:Ad it i" sh,
C"-.,;,u,i"n Illus taking ii OUT Of tn
power OF the legislative regulation. ThS
definition is found in the third section O;
the t,.ird article. AS follows:
Treason against tho Cuied States
shall consist "rly in l"vy;r, var against
them. OF III adhrriug Z ;i,..ir enemies,
giving them aid ii. comfort No per-
s"u shall be convicted of treason uCl,ss
Oh the Testimony Of TWO witnesses 70
the same overt act, or or caEa sion. Ill
open court The power to annex the
punishment was !sf: to Congress. which
annexed the o. nal.v of d.z,h.
This J-6uition OF the crimc vas take,
fr3w tho statute IF 70 Edwarl Ill. 81
England. a,.d wL,ci L.s been S"ver.l
years Affirmed for The purpose Of Correct
iry abuses that had grown UP IN that
country in rcspec, 10 tho law, bo.h by
acts Of Parliament and the decision Of
courts. uuler the tyranuicai reigns &!
the Tudors aud the Stuarts. These
abuses were vel! known 10 the founders
of Our government. and doubtless led t.
the peculiar phr.seo'ogy observable in
their d.Gnilion of the cria,r. namely
that !. should consis, ossY liz l.synG
war agains, tn. Ilait"d States or adh r
ing to their enemies. givi,s them aid
ana comfort; AID TO the other equally
stringent feature. that 40 person shall
be convicted Of the offence cxcep, or
the testimony Of two witnesses to the
game overt act. The FIRST prohibits
hsk;ng any other acts Of the ci,izeu
:Ean those specified. treason; and the
! secbud prevents the introduction Of sop
! s.rt.c:iye treason. which las been en-
Dgvaftsd up"n 'h's s'a:ue Of Edward lA.
N judicial DECISIONS.
I finder the first clause of the provision
I -lcvying war against the United States
there can DC no great difficulty de-
ter,niuing the facts and circunSance'
which establish the crime. There must
be an actual levying Of war; pnsu'
,a,ion, or conspiracy to do so. Is .ot al
over, act Within the constitutional def
milton
There is more difficulty it, d.trnin-
ing what constitutes the overt act undr'
the second clause. nan,cly, alheing T.
the enemy, giving him aid and cnior'
Questions arising un1"r this claui' mus
depend very much upon the fsts ah'
circumstances os each particular ase.--
There are some acts of the ci'I"n Ii
his relations with the euer,y whic, lcav'
no room for dnubt--such as givig III
,ell:g.ncc WITH intent to ai'i him in Ri:
&C. Of notwithstanding him prqis'ons
or money furnishing arms. "r 'ro"ps
i,r munitions OF war---surrendcbng
solitary post. DC. all with Ike III
tent These and kindred facts ~ over
;. acts Of treason by adheriug to the en-
.emy.
| Horas cra!. xri..ea or r-iweI h"'ce.
or TIC tscn.tA~, se!..toas or crinin"t q
thrmxrlrrs. cors':''dc ne o'"rt ~c' ttreds1
uithin tns d-nn.tso" " the CRIME.
/ " "v. eros.n. written or printed . r.
lation {" Gn act or acts. which. con
mitted With > reasonable design. migt
conx:i,u,c such overt act they are r,
m;sssble as evidence tending to chars
I,crize i. and show the intent with whis
the &c. is committed.
They may also furnish some evidcn
Of the act itself against the accused. :
{ This Is the extent to which such pm
, locations nay be used. either ia fudi'
a bill Of indictment, or on the trial Of
An attempt was made in the Psrli
e ment Of England during the reign
e James the Second. TO make tressonst
words the subj'c c. Of this crime. but
was resisted BY the friends Of cons,i'
,ional liberty, aud defeated; aud. sin
d that time. it has not been renewed.
!. Such publications are misdcneanors
the common law, iudictsble aud puni~i
bic by 6ne and imprisonment. But
there are no common law officers ctgu:
, bic in the Federal c.'urts. unless nadc
). hy &C. Of Congress; and. as Congress
N pissed 40 act On the sHLje0. this conrf