Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-05-02
.gbeObio 9tatesnran
I K B II q
Extracts from the Charge Of Judge Lsavitt-
Treason Defined.

Weekly, per year ."................".... W
Extracts from the Charge Of Judge Lsavitt-
Treason Defined.
We make the following extracts from the
charge of Judge LEAvlTT to the Grand Jury al
the April Term Of the United States CourI
for the Southern (0hio) District:
a II Is in view of the presence of actual war in
the country that have deemed it my duty to
present to the Grand Jury such views OF the
law for the punishment of treason against the
United States, as will assist them in the nves
tigation of any charges which may be brought
to their notice, duplicating any one in the com.
mission of that high crime. do not propose
to discuss the subject at any length, but shall
aim to present only some of its more important
legal aspects. do this not merely to aid the
Jury in their inquiries, but also that true and
loyal citizens may not ignorantly and unnten-
tionally expose themselves to the penalties Of
the statute. ..
No one who has ever read the Constitution
Of the United States can doubt that it was the
intention of its trainers to create Nationa
Government, which should act upon every
citizen Of every State, and to which the allie
glance Of every citizen was due. This Consti
bubiOug huu tuO ioWo pappCu III
thereof, are declared to be the supreme law Of
the nation. Against the Government thus
created, its founders contemplated that the
crime of treason might be committed. In th,
third section Of article 8, of the Constitution
this crime is defined In these words: "Treasor
against the United States shall consist only il
levying war against them, or in adhering tc
their enemies, giving them aid and comfort >
Then follows a clause declaring that "no per-
son shall be convicted of treason unless on tht
testimony Of two witnesses to the same over
act or on confession in open court" And tht
express power is conferred on Congress to pass
laws for the punishment of treason. In pur-
sJance of this power, the first low on the
subject, which 10 still in force, was approved
the 30th of April, 1880. The fret section Of
this law provides, "That if any person OF
persons, owing allegiance to the United States
shall levy war against them, or shall adher,
to their enemies, giving them aid ant
comfort within the United States or elsewhere
and shall be thereof convicted on confession il
open Court, or on the testimony of two wit
nesses to the same overt act of treason, whereo
he or they shall stand indicted, such person O.
persons shall be sdjudged guilty OF Treason
against the United States, and shall suffe
death" That all the provisions of the statut,
on this subject may be presented at one view,
will here refer to the second section, defining
and punishing the minor offense of misprisior
of treason, and which is in these words: 81
any person or persons having knowledge of tbt
commission OF any of the treasons aforesaid
shall conceal, and not, as soon as may be, dis
close and make known the same, 10 the Presi-
dent of the United States, or some one of tn,
Judges thereof, or TO the President or Governor
Of o. particular State, or some one of the Judges
or Justices thereof, euch person or persons. OF
conviction thereof, shall be adjudged guilty O
mibprision Of treason, and shall be imprisoned
not exceeding seven years and fined not exceed
ing one thousand dollars"
The crime Of treason, as defined In the Con-
atitution and the first section of the Act of 1890
consists. first, in levying war against the United
States; second, In adhering to their enemies
giving them aid and comfort. As the statut,
does not attempt to specify the cases which
constitute treason under either of these divi
sions, 1t 10 necessarily the province and duty o.
the Courts Of the Union to decide what facts
shall bring party within the penalty of the
statute. II is evidence of the true allegiance
which the people OF the United States have
borne to their Constitution, that from the first
organization of the Government until recently
the acts Of criminal disloyalty to it have been
of rare occurrence. There are, therefore, but
few judicial decisions which can be referred to
as guides In giving construction to the statute
Of treason. In the celebrated trial of Aaron
Burr, which occurred In the year 1907, before
Chief-Justice Marshall, that learned Judge
with his usual ability, stated his views of the
meaning Of the words "levying war against the
United States" Heremarks that, "taken mos,
literally, they are, perhaps, of the same import
as the words raising or creating war" "But,'
he adds, Gas those who join after the COM
mencement are equally the objects of punish
ment, there would be, probably, general ad-
mission that the terms comprehended making
war or carrying on war" No one can doubi
the correctness of this conclusion. But the
eminent Judge referred to does not attempt tc
specify the various acts that would bring O
party within his Interpretation Of the words Of
the statute. There are, however, class of acts
80 pnequivocal In their character, as to be clear
Of all doubt. Actual service in the army Of
the enemy is clearly an act of levying war
And entertain no doubt that the enlistment
OF q soldier, with the knowledge that he was
to serve against bis country, would constitute
the crime of treason, if there was actual wal
at the time of the enlistment. In Burr's case
the Court held that the facts in proof against
him showed him guilty of conspiring to levy
war against his country, but that, however fla
gitious his conduct, as there was no open as
semblage Of an armed force to carry out the
reasonable purpose, 1t was not levying war
And on this ground he was acquitted. But
/ to guard against all misconception of the views
of the Court in that case, the Judge adds: at
is not the intention Of the Court to say that
no individual can be guilty of this crime who
has not appeared In arms against his country
On the contrary, II war be actually levied,
that is, If body Of men be actually assembled
for the purpose Of effecting by force treason
able purpose, all those who perform any part
however minute, or however remote from the
scene of action, and who are actually In the
general conspiracy, are to be considered as
traitors" In the same case il is laid down az
unquestoned law, that when war is levied
against the Government with intent to over
throw II, "tke holding Of any of the Government,
forts or chips, or attacking he same or delivering
them up 70 rebels through iyeacheyy, Pare direct act
|of levying war within the meaning of the law
And Il is regarded as equally clear that wher,
a military force is embodied for treasonabl
lpurpose, II o commissary for purchases, know
| ing the object, and leaguing himself with tn,
rebels, should purchase supplies or provisions
for their use, though he never saw the army
would nevertheless be guilty Of levying war;
And 30, too, there can be no doubt that If al
individual, whether actually authorized or not
should open recruiting station for tho enlist.
ment of soldiers, or should actually enlist mel
for service in the enemy's army, be would b,
| guilty of levying war, though he never ioine,
the hostile force. These are some of the case
| in, which direct treason may be committed, tho
| the guilty party had never Joined the enemy, O.
participated directly in any of the movements
Of herebel forces. The enumeration nigh
be greatly extended, but the cases stated ar,