The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1861-10-18

pruOeDce, I0un0e0 upon the same great
policy OF protecting men against false testi-
mony and unguarded confessions, to their
utter ruin. 1t has been we'll remarked, that
confessions are the weakest and most suspi.
cious of all testimony ever liable to be
obtained by artifice, false hopes, promises of
favor or menaces seldom remembered
accurately, or reported with due precision
and incapable, in their nature, OF being
disproved by other negative evidence TO
which it may be added, that it is easy to
be forged, and the most difficult to guard
against. An unprincipled demagogue, or
corrupt courtier, might otherwise hold the
lives OF the purest patriots in his hands,
without the means OF proving the falsity of
the charge, if secret confession, uncorrob-
Grated by other evidence, would furnish
foundation and proof of guilt. And wisely,
also, has the constitution declined to suffer
the testimony of single witness, however
high, to be sufficient to establish such
crime, which rouses against the victim at
once private horror and public hostility.
There must, as there should, be concur.
renee OF two witnesses to the same overt
act, that Is, open act of treason, who are
above all reasonable exception"
There is another crime called misprision
of treason, which is regarded by law as
lesser offence. Congress has thus defined
this crime and prescribed the punishment.
" If any person or persons having knowledge
Of the commission of any of the treasons
aforesaid, THAT is, levyng war, or adhering
to enemies, giving them aid and comfort)
shall conceal and not as soon as may be dis
close and make known the same to the
President of the United States or some one
of the Judges thereof OR to the President or
Governor of a particular State or some one
of the Judges or Justices thereof, such per-
son or persons on conviction shall be ad-
judged guilty of misprison of treason and
shall be imprisoned not exceeding seven
years and fined not exceeding one thousand
dollars"
This latter offence is scarcely less henious
than treason, for it consists in a wiIiul Omis-
sion of duty which every true and faith.
tul citizen owes to his country.
There are so many acts of reasonable
character which would. render a person IL
able to indictment, that shall not enumer>
ate them in detail. It will be sufficient to
say "that all reasonable purposes when
manifested by acts" bring the person or
persons committing them within the pros
vision of the act OF Congress. Thus-the
sending supplies, as provisions or arms to
our enemies; aiding them in hostiIities
against the government; furnishing intOr
nation to them. OF a character to assist
them in overthrowing the government or in
defence OF themselves, are reasonable acts.
According to Blackstone, all these acts of
adherence and aid which (when applied to
foreign enemies) will constitute treason un-
der the latter portion of the statute, will
when afforded to our own citizens in actual
rebellion at home) amount to treason under
the description of levying war against the
government.
At one time in the history of English
jurisprudence. it was q matter OF great
doubt how far words spoken by person,
unaccompanied By reasonable acts, would
amount to treason. Several instances are
reported in Blackstone of persons having
suffered the penalty OF death for reasonable
words. Thus, when to compass or imag CINE
the death of the king was treason, a favorite
buck of citizen of London was killed by
the king in hunting. ln the excitement OF
the moment, be said he wished the buck,
horns and all, was in the belly of him who
had advised the king to kill it. There was
such degree of subtlety in the cruelty of
this case, inasmuch as the king had killed
the animal of his own accord, that it was
held to be reasonable wish against the
king himself, and the person was convicted
and executed. This was regarded as very
hard case, and the distinguished Chief Jus.
tice Markhom left his place upon the bench
rather than assent to the judgment.
1t soon alter became the settled doctrine,
however, " that words alone cannot amount
to an overt act of treason but if they are
attended or followed by consultation,
meeting, or any act, then they will be evi.
dence or confession of tie intent of such
consultation, meeting or act; and mere loose
words not relative to facts, are at the worst
nifty of the heart"
The limitation and definition of the crime
of Treason, by the Federal Constitution has
forever set at rest all doubts on this subject
in this country.
Gentlemen The supremacy of the Con-
stitution and laws of the United States are
emphaticaly set forth in the Sixth Article
of that instrument:
This constitution, and the laws of the
United States which shall be made in pur-
suance thereof X shall be the
supreme law of the land, and the Judges in
every State shall be bound thereby, anything
in the constitution or laws of any state to
the contrary Notwithstanding" Individuals
therefore, placing themselves in hostile at
,itude to the constituted authorities OF the
United States government, under the belief
in the right of States to withdraw from this
Union, are guilty of the crime of treason.
Your deliberations will hardly embrace
any cases arising under this branch of your
jurisdiction.
This District is loyal to the Constitution
and the Union, and your fellow citizens are
ever ready to respond to the call of the Exc
cutive to peril their lives in defence OF the
constitution and laws of our common
C untry.
Gentlemen You will hear no evidence
unless in support OF au accusation brought
against a person. This evidence will be