Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-05-21

-uAli ttSsualig eAl1t ~ tue sAQe QI tue FOiuD-
tary enlistment Of . soldier or sailor in the
military ornavAlgetYics Of the enemy would
uuquestionably b etfsason, whether ths par.
ty should gct1tlly joil ihe armed forces Of
the enemyor nOt Sofia person lin leatue
with The enemy,, knowing fheir purposes,
should act ssR recruiting officer, and enlist
men into theiF service, spF should purchase
provis ions OF munitions 0f var for them of
aay sort, be would undoubtedly beheldguil
Of levying war; Thee itIs t6nces viii ssrvee
TO illustrate the subject BY a few OF the many
examples that might be named and It will be
unnecessary sqEo more fully into details q
Thesecond Kind ef reason mentioaed IN
the act referred to- b The adhering 10 the enc
mics Of the State or Of the United States,
giving themAaidor comfort The statute L.
self does not defue what Is meant bE adher-
ing 70 the enemies Of the State, or what acts
would be regarded as giving them aid and
comfort within tine meaning Of the law, nor
% far as ] am aware, have there hitherto
been any Judicial decisions of the courts in
this country, giving a construction to similar
acp. that will furnish any considerable aid
w giving construction 10 thiss It. must
thereters be left to the courts that may be
now called on to interpret and explain this
LlaW, TO gather the intents and purposes
q the Legislature upon the words Of the
Law BY applying to Il the ordinary rule
Of construction applicable to such cases.
AlheIing 70 the enemies Of the State, as I
understand the law, means the being attached
to the enemies Of the State, and the taking
their part OF taking sides with them. One
may be at heart and in thought on the side
Of tho enemy, and he may wish their success
sgainst his own country, and be may pub
liely express his attachment to them, and his
wishes tor their success in words and in wri-
ting, But this alone would not be treason in
the eye OF the law. Il would be strong evi-
dence OF disloyslty to the Government. It
might be moral Treason, and be sufficient ev-
ldence Of disposition and purpose to commit
Treason, In case an opportunity should be
afforded, But in order to constitute the
crime OF Treason under this definition of it
IA person must not only adhere to the ene-
my Of his country. by having the disposition
and purpose to favor them, but he must also
commit some overt act with inteutto aid and
comfort them. And have no doubt that ifa
person was guilty Of such an overt act, done
With tne intent to aid and comfort public
enemy, that the proof Of such act would Of
Itself be sufficient evidence of G9kering 10 The
enemy within the letter and meaning of the
law. In order then for a person to be guilty
of Treason under the second definition in this
statute, it is necessary that be should do some
overt act with the intent to aid and conf 1T
the enemies ofthe State and the United
States, and to promote their hostile designs.
The acts that person may do in violation
OF this part of the sta.nte are very numer-
Gus. need only call your attention to a
very few of them, PeE1ading men to enlist
in the service Of the enemy, paying them
money 10 do so, acting az a recruiting officer,
or 50 the agent Of 4 recruiting officer, would
be clear violation of the law So thesfur-
nishing arms or munitions of war of any
sort Horses, Carriages Railroad Cars, or
Vessels for transportation Of tents, arms or
military stores, knowing the purpose for
which they are to be used, would be afford
ing aid and comfort within the meaning Of
the law. So the giving or selling to enc
mics, or 70 any person acting as their agent,
any provisions or supplies of any kind, for
the sustenance OF maintenance of hostile
force, or knowingly disposiug of provisions
or supplies in such manner that they would
be likely to fall into the hands of the enemy,
would be giving aid and comfort contrary TO
the intents OF the law. So the acting as a
Spy for public enemies, or communicating to
them Information by writing, verbally or by
telegraph, or in any other mode, with the in
tent and purpose Of aiding them in their hos
tile purposes ard enterprises against the
State or United States, would also be Trea-
son. a'-ai i-- -s.ft
/ have said that words alone, under our
law, however disloyal, do not constitute Trea-
son. The law in this country not only tol-
crates, but it protects and encourages both
the freedom of speech and of the press. Our
people have the legal right to entertain such
political sentiments as they please or as they
msy believe to be true, without being respon-
sible for them by the law; and they have al
so the legal right TO speak and publish their
sentiments at such proper times and upon
such occasions as they may choose without
being called to account for them. II a4man
really entertains reasonable sentiments
and opinions, it is perhaps as well for the
public safety, in most cases, that he should
have fall liberty to express them freely. In
such case his opinions and feelings become
known, and in times of publis excitement
like the present, his actions are very sure to
be closely watched, and the unrestrained ex-
preston Of such opinions is more sure to be
attended with danger and injury to the per-
son who entertains them, than to the pub
lie. slis 3
| It is, therefore, not only illegal to attempt
to suppress the utterance of such opinions
by force, threats or intimidation, but in my
Judgement It in no way conduces to the pub
lie good, and even if it did, we have no
right to do evil that good may come. When
man has violated the law by the doing of
some overt act which brings him within its
letter and spirit It is right, and the public
welfare demands that be should be vigilantly
prosecuted and severely punished. But the
law in this State, as I-bave said, does not
make it q crime to entertain and publish dis
loyal opinions. Il is unquestionsbly, in my
view, morally wrong either to entertain or
| express them, and In times Of high excite
fnent il is acting very imPrudently to make
them known publicly. But Ia case it is done,
/ those who may chance to hear them have no
right to supply what they may suppose to be
the defects Of law, by threats or acts Of per-
secution or violence. which in themselves
are a clear violation of the law. / have
called your attention 70 the subject not be-
cause I have heard that any acts have been
committed in the county in violation Of the
law for punishing Treason, or that there
have been any violent abuses of the freedom
Of speech or the press. But it is possible
that such cases have occurred or may occur,
and it is proper that not only yourselves, but
that all well disposed and loysl citizens as
well as Others, if such there be, should nm
derstand what the law in this respect permits
| and what II fnrhids and nnnishaa