, 1861-04-02

At the opening Of the United States District
Court in Boston, on Tuesday, Judge Sprague
delivered charge to the Grand Jury on the
nature Of treason. He held that the notion Of
eraey was fundamental and dangerous error;
and that the Constitution established Gov
eminent with the highest attributes Of SOW
erkignty. + Referring to the clause which de-
fines treason, he maintained fhat H H1evying
wnr" required military nssembhge to under
take hostllfties, not mere conspiracy, how
ever .atrociopR 1t might be. A reasonable
purpose existed whenever the object was to.
prevent By force the execution Of any one law,
Is this would be oyerthrowing the Govern
ment to that extent But the sudden outbreak
of mob Wis q different affair, such bodies not
designingt to continue together, To take forcl-
ble possession Of forts, arsenals OF other pro-
Of levyfng Wal.
The Judge then alluded to the subject of
furnishing supplies to those engaged In t1ea-
eaaable schemes, a person Ia league with
those who aTe leTying war, who should send
them money, provisions, arms or Intelligence,
no matter hoW far distant from them be might
be- The trial must take place within the lin
its Of that State and District where the crime
was committed. II, however, the condition
If either was such that the Judicial tribunals
could not perform their functions, the crimes
could not be permitted, however atroeious
they might be.
The conclusion arrived at was:
The disaffected at different times and in W,
rious sections OF the Union have earnestly
sought for some legal mode Of reaisting legitl-
mate authority. But it has been ii vain.
There Is no such anomalous middle ground
between submission and rebellion; and this
LAST extreme h2a 1t length been reached. Sc
cession is but another name Tor revolution; ;
for it is vain to contend for constitutional
right to overthrow the Constitution, and
legal right to destroy all law It is often said
that the Constitution does not contemplate
making war upon State. Hby this is meant
be compelled to execute the laws Of the Uni
ted States, 1t is true, because those laws act
directly upon individuals, and arc not to be
enforced by state authority, hut by national
instrumentalities. In other words, we have p
government and not mere confederaey.
ton does not contemplate War upon State is
meant that the authority Of the United States
cannot be maintained or its laws enforced, If
State organization interpose to annul them
OF protect its citizens in doing SO, nothing can
be mora erroneous. The Constitution un4ues-
tdonably contemplated this contingency Of I'D.
YeFse State Interpretation or fegis1stion, and
provided against it and for the national eu~
premacy In the clear aud imperative language
which has already been quoted; This supreln-
acy may be maintained BY the whole physical
power Of the nation, and whoever otfends
against the 1aW Ia subject to its penalties in
whatever official robes Or insignia he may be
clothed, Or whatever 6tste parchments he may
hold in bis hand. 4. j.
Congress has the right to declare war.
With this high pEerogatfye they are invested
in express terms, and without limitation or
condition 1ts exercise u left to their uneon-
troIled discretion. The National Legislature,
&ho u,Av n1HRa JEAT YEEeytarar Ia m.