New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-01-15


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The Commissioners spoke in reply.
Tie Convention then took recess for an hour
When they again met they went into secret sessaon'
JUDGE SMALLEY ON TREASON.
UNITED STATS CIRCUIT C0URT-JAs A-sesfs
Judge 61AlLIy.
cHARox TO THE GRAND JURY on THE SOUTH CARO-
LIMA TKK4sos.
Gykrlysys or THE GRAsp JuRY-The Courts
have quested your attendance this morning IN order
to cali your attention To and giys you some insrue'
items in relation to crimes whish have long been IN
known in our hitherto peaceful and happy country,
which for more than fny years the Federal Courts
have not been called upon to investigate, and which
are therefore very imperecty understood in the COM
uunity. Yet one of them il the highest crime known
TO the laws in any civilized country. 1t is that of
of the Court to define to you what constitutes the
offsnse, and aleo what constitutes the lesser crime
Of migprision of treason, that you may inquire
whether either has been committed by any person
or persors within the jurisdiction of this Court, and
if you are satisfied that either has, thst they may
be presented 10 the courts to be dealt with according to
law; and also that those who desire TO be good ana
true citizens may be forewarned, and no, isnofsntiy
and unwitingy be led into the commission OF any acts
in violation Of the laws Of their country and which
woud make them guilty of either of these ohenses IL
is unnecessary at this time to enter into an elaborate
disquisition Of the law of treason The ConSnution
of tire United States clearly defines IN what consss'
The third section Of the fifth article provides, thai
,rea,on agn the United States shall consist only In
Lowing war aaanst them, or in sdhering TO their enc
mics giving them aid and comfort" Again, the same
section provides that the Congress shall have power
to declare the punishment Of treason"
In pursuance Of the power thus conferred Congress
passed an act which approved April so, 1880, winch
provides in section one, that II any person or persona
owing allegiance To the United States Of America, shal
levy war against them shall adhere 10 their enemies
ii, inQ them aid and comfort within the United States
or elsewhere and shall be thereof convicted, on con-
ssion in open court, on the testimony OF two Wit
pe.s.s TO the same overt act Of treason whereof he or
thsy shan stand indicted such person or persons shall
be sdiudged guilty Of treaeon against the United saee
and shah suffer death"
"Src. 9. That if any person or persons, having
knowledge Of the commission OF any OF the tsa-
sons Aforesaid shall conceal, and not, ~ soon IA
may be, discose and make known the ZANE TO the
PRECEDENT Of the United States, or some Of the
Judges thereof 10 the President or Government OF
"A particular State some one Of the Judges or JUS
tees thereof such person or persons, ON conviction,
hall b. adjudg,d guilty Of nrsprison Of trason, and
finll be imprisoned not exceeding seven years. and
fined not exceeding sl,coo.
II IN well known that wsr--eiyil war-exiss in
portions of the Union.
Tha, persons owing allegiance % the United States
have oonfsdersted together and with arms, by force
and ntinidatiop have prevented the execution Of the
oonriu,snnl acts Of Congress, have forciby seized
upon ard hold a custom-house and post-offce, forte
arenAls versek and other property belonging 10 the
United s,aier, and have actually fired upon vesseL
bearing the United States flag and carrying United
States troops This is usurpation Of the authority Of
he Federal Government l. Is high TREASON BY ievyng
ya- Either one u those win constitute high tres
on. There can be no doubt Of il.
The fact tha, any or al engaged in the commksion
Of these outrageous acts under the pretended authority
Of the Legislature or convention Of the people Of any
State, or of the officers appointed thereby, or acting
hereunder, does no: change nor effect the criminal
character Of the act No man or body Of men can
throw off their allegiance TO their Government in that
way Nor any State, or the people Of any State,
acting in any capacity whatever, ebsolye any pereon
thereffom.
Neither South Carolina nor any other state can
authorize, or legally protect citizens Of the other
States in waging war agains, their overmnent, any
more than can the Queen Of Gre. Britain or the
Emperor Of France. II any such power u assumed
il II without right, and the deuded individual
who scts under il b none the lees guilty of
treason, and liable 10 be punished therefor.
Tba, the slavcholdng States have just cause of COM
plants against some Of their ster Staios s amenta
bly, too tuei that the Legislatures Of several States
have passed acts which In direct conflict with one
Of the plsinest provisions Of the Constitution OF the
United Saes which acts were intended 10 deprive the
slaveholdng States Of rights expressly guaranteed to,
and important 10 them, is well known This h deeply
10 be regretted and 10 hoped and believed tina. the
sober second thought Of the people Of those States will
induce them 10 DO justice TO Themselves "a well rs 20
their Southern brethren, and evnce thor Loyalty to the
Constitution and the Union, by speedily wipns all such
acts from their statute books
But the fact that Of the Statos have passed I'M
constitutional acts afford no justification for rebel
lion and civil war, or breaking up Of the Federal
Union, which was formed by the patriotism and wiz
dom, Cancellation and compromise Of our father-in
which our prosperity az people has been unparalleled
in the history of nations Such Legislative acts, how
ever are not laws Being in violation Of the Constitu-
ton Of the United States they are mere nulties and
all who ATTEMPT TO enforce them are themselves vio-