The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-01-15
THE REVOLUTION.
,oONrNuEp FROM FIRST PAGEI

CONTINUED FROM FIRST PAGEJ
- he Union That persons owing allegiance TO the
United STATES have confederated togelner, anu VIZ" Nv,
BY ores n ana acts Of Congress have
forcbiy seized upon and hold custom house ana
sa 70 the United States and have actually
nred upon vessels bearing the United States nag |
and carrying United States troops THIS IS a
slrpaton the authority Of the federal government
Il is high treason by evyng Either one of thlse
acts constitute high treason. There can be no doubt
Of it, The fact that any all engaged In the commits
sion these outrageous acted under the pretended
authority Of the Legislature, convention Of the peo
scting hereunder does not change affect the crmi
character Of the act No man or body OF men can
throw OF their allegiance TO their government IN that
acting in any capacity whatever, absolve any person
thererom. Neither South Carolina any other state
authorize, legally protect citizens of the other
more than the Queen OF Great Britain or the
Emperor Of France. If any such power is assumed
who acts under il is the less guilty OF
treason, aud liable to be punished therefor.
the slavehodng States have just cause OF com
plaints against some sister States is lamentaby
true; the Legislatures OF several states have
passed acts which in direct conflict with one Of the
hinest of the United States
which acts were intended TO deprive the siaveholdng
States Of rights expressly guaranteed TO ana 70
II hoped and believed that the sober second thought OF
the people those states will induce them to do justice
themselves well their Southern brethren, and
eyince their loyalty the constitution and the Union
speedily wipng all such acts from their statute books
But the fact that some of the States have passed
unconstitutional acts afford no justification
Cor rebellion and civil breaking upof federal
Onion which formed by the patriotism and wisdom,
Cancellation and compromise OF fathersin which
proeperty people has been unparalleled in the history
a nations Such legislative acts however, not laws
Being violation the constitution Of the United States
they nulties and all who attempt to enforce
them themselves volators of the laws, and be,
and in some instances have been, punished as SUCH.
spracy TO subver by force the government however ia
gous the crime may be- is not treason To conspre to
levy war, and actually evyng war, are distinct offences
body of people conspire and mediate an in
surrection to resist or oppose the laws OF the
high misdemeanor but IL they proceed 70 carry such
intention into execution by force they guilty Of trea
son BY levy1g war In the language Of Of Chef Justice
That individual be guilty Of this crime who has
not appeared in arms against his country On the con-
Eary if be actually levied, that is, if body OF men
be actually assembled for the purpose OF efecng, by
force reasonable purpose, all those who perform any
Of action, and who are actually eagued IN the general
conspiracy to be considered traitors AS the
courts have already said TO you. the combination
Of seizng and the actual seizng, Of the forts and
ether public property in and near Charleston, South
Carolina and in some other States, is O levying or
war against the United States Consequently any and
every who engages therein is by the law regarded
"a evyng against the United States and all who ad
here 10 them be regarded enemies, and all who
give them aid and comfort, in South Carolina
or New York or IN ANY other portion ,S Of the
press provisions Of the first section of the act OF 3oth
April, 1870, and are guilty OF treason What
fort to our enemies. it is somewhat difficult in ali
cases Define but certain it is that furnishing them
with arms munitions OF vessels or other means
Of transportation or any materials which will aid the
traitors IN carrying out their traitorous purposes with
1 ohsrs 10 IL or aid the
traitors any does come within the provisions OF
the act And it is immateria whether such acts are in
duced by sympathy with the rebellion hostility to the
government a desire for gain Under the second
ton the Of $780, all who have any knowledge Of
any such of treason and do not, as soon as pos
sfble, make il known in the manner therein pre-
ecribed, are guilty. of misprisen Of treason, and
subject TO the punishment therefor. Your inquiries
must be confined to offences committed within the
jurisdiction Of this Court, that is, within the
Southern district Of New York and upon the high seas
Although there may be question whether the jurisdc-
tion OF the Court in such cases. s not more extended
you viii for the present conne your Investigations 70 The
limits prescribed Within this limit il Is your right and
your duty inquire whether person persons have
been according 10 the principles Of law laid down by the
sou that either Of these offences have been
committed faithfully and fearessly present the offend
that they may be punished II Is the duty, and i
will unquestonably be the desire, Of MI good and irne
citizens do, their respective spheres, everything in
their power TO suppress rebellion expose treason and
bring traitors Justice When the Grand Jury in
other Of the members Of your body submitted
certain questions to the Court which shall now proceed
roanswer aTsrsi Whether IL Is the duty Of the Grand
jury TO inquire violations of the law which may be
incidentally brought their knowledge and which have
not been presented nv the District Attorney which
no haa ~ Enowledrs oy In reply % thar the Court
would say gentlemen, that You not necessarily con
hned offences 10 which your attention may be called ~
have reason 70 believe that any OF the law
81 The federal government have been violated, you
liberty TO inquire INTO TIE matter, whether or not
your attention been called TO by the District Ntor
ney. PROFESSIONALLY you have right % make the in
vcstieation. The second inquiry is whether IS ex
pected OF the Jury into the detention II eona
witnesses their safety treatment and comfort
and as to whether any persons ,sI,, are Kept an
qury is, whether II IS expected that the Grand
Jury would present such defects in the practice
m the Custom House render u easy for the sale
and clearance OF vessels for the slave trade and avoid
personal responsibility With respect TO that gentlemen
II NAV be well % consider for moment what Is the
jurisdiction OF the federal courts First, then they can
only inquire into the violations OF the federal Avs The
federal courts have common law criminal jurisdiction,
and they therefore have jurisdiction over offences that
are not created by the constitution act Of Con
gress under the constitution understand that II Is the
duty OF the Grand Jury 10 inquire into all matters that
brought before their notice by the prosecuting officer
That rs well understood II Is wen known that English
grand Jurors have often mesand probably ~ part
the common law OF England-inqured into such mat
fArs but the Court s Of any statute OF tho
constitution or OF any practice IN federal courts when
would make the duty OF grand j1res 10 inquire ntoand
investigate matters embodied IN either Of these qnes
tions The Court does not intend 20 that you not
make such inquiry but then II ia outside Of your Judicial
futes and If you make report to the Court have
power act and do nothing more than ae II with
the records Of the court and therefore cannot he
garded az the duty Of grand uries IN federal courts 70
make these inquiries. You viii retire gentlemen,
end proceed with the business before you.
THE STANDING ARMY OF SOUTH CAROLINA.
MESSAGE OF GOVERNOR PIcKENs
EXECUTIVE OFFICE, Jan. Z, 1861.
TO nn MExRERs THE SENATE AND HorsE OF REpiasES-
Tho Convention has passed resolutions authorizing the
Governor raise two regiments OF enlisted nen-one
regiment for service OF twelve months and the other Of
SIX months. Under these resolutions, have commits
stoned ofcers from first lieutenant down 10 third euten
ant, and In one instance have commissioned captain