Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1861-08-29
ID ~ M oCR ~ T :.

legal parlauce contempt or neglect Thus,
misprision of treason. consists in the neglect
/ to give information OF the commission Of an
act of treason and is what is termed a mega
tive misprision.
The positive misprsions which cencern
our present inquiry and of which wesball
/ now proceed to speak are such as involve au
attempt to weaken the strong arm Of civil
power, or contempt of lawful authority
/ Thus for example, TO dissua6e witness from
giving evidence, or from obeying the process
/ of subpoena. to persuade or assist prisoner
/ in custody to escape: TO refuse obedience to
the call of police officer for assistance to
! Quell a riot or apBrehend an offender or en-
deayor to pursuade others TO disobey such
cali, are all misdemeanors Of this sort, based
upon the principle that it is unlawful to of
( fer resistance to lawfully constituted author
! ity. 1t is safe to assert as general princi-
pie, that any wilful attempt to resist the au-
thority Of the government, or to prevent or
( hinder the success of its plans or designs in
the prosecution of war offensive or defen-
sve, or to induce or pursuade others to do
the like, is unlawful and punishable as a
high misdemeaneF. Now apply this general
principle TO the present condition of our ma
! tional affairs. A state Ct war actually ex-
lists. The President of the United States by
virtue of the power reposed in him, has is
sued his proclamation calling epon the Cow
i ernors Of the several States to furnish their
quota OF troops for the organization of mil
i5ary force sufficient to project the govern
/ ment and sappress formidable rebellon.-
The Government Of Pennsylvania in response
1 to this demand has issued a proclamation
] calling upon all able bodied citizens within
b thG
/ to form themselves into military companies,
I and regiments, to be called and mustered
/ into the public service Now it must be
perfectly apparent TO the most ordinary un-
/ derstanding that any attempt to prevent the
I carrying out of the design would be gross
/ insult to the government and daring con-
| tempt of the author ty vested in il and there
| fore a high misdemeanor. For if the designs
and plans of the government can with impu-
nifty be thwarted and rendered abortive, then
all our high sounding theories respecting tbe
supremacy Of the government, and allegiance
and sovereignty are but beautiful 6gments
If the Imagination. Such federation could
] spring from nc principle other than would
assert that the citizen is only bound by his
allegiance 70 the government so long as its
measures may be in accordance vi h hsown
views, and is obliged to obey only such laws
as meet his entire approval.
Suppose riot to occur ia one of our streets
1t is the duty of the oficers 6f the law to
suppress it, and it is the duty ofall good citi
i.z ms TO aid and assist, for without such regu-
ation the public peace could n)t be main
tanned. and we would constantly be in the
midst of disgraceful scenes of tnmult and dis
order. Now, suppose that on such an coca
sion some irdiVi7ual would take it upon him
self to assembled multitude. denouncing the
/ riot act and the administration under which
it was passed. and assailing and condeming
I the political views of the officers who are en-
deavoring TO preserve the peace, and adyis-
ing and persuading the 'bys,anders to with
hold arg assistance for these or anv similar
reasons. How should court and jury deal
with such an offender? The question need
only lie asked. And is net tbatm tbouS
sand times more culr ble'who, by words or
actions, perSuasions or threats, wouid attemp:
to prevent or persuade our citizens from re
spending to the call Of the chef magistrate
Of the nation for aid TO put down a rebellion
that bins al the total subvers:on and over
throw of the-goyernment?
There is great misrepresentation abroad on
this subject Many persons erronecusly sup
pose, that so long "a individuals will refrain
| from an overt act of treason, they may speaS
and act as they please against the govern
ment. with perfect impunity. 1t is time
that such dangerous misapprebensions should
be corrected, and in our remarks on this oc
casion we are doing whatwe can to accom-
plish that purpose. There are other offences
beside treason aud misprision.. Of treason
which effect the government and its claims
all glance. as has been already explained =
Ioto Ind Il oLo Az
grand jury delivered in the District Court of
the United States few years ago, in refer-
ring to the case of United States o. Han
way, case>which produced no little excite
ment, uses the following language:
g There has been. I.tear, an erroneous i'm
preston ca this suhiect amoeg a portion OF
our people Fit has been thought safe to
counsel and instigafe others 60 acts Of foroi-
ole oppugnatipn to the oFisions of stat
u e. to iufame The minds Of the ignorant by
appeals to passion and denuaciations of the
law so oppressive unjust, revolving to the con
science and not binding on The actions Of
men-to present the constitution Of the land
as a compact of iniquity, which it were mer-
itorious to violate or subvert the mistake
has been a previous one and thev who have
fallen inta it may rejoice if peradventure
their appeals and their eouusils have been
hitherto without effect. He whose conscience
7 whose theories Of political or individual
rghE forbid him to support and maintain il
in its fullest integrity, may relieve himself
from the duties OF citizenship by devesting
himself IF It's rights hut while he remains
withn our borders, he is to remember thar
successfully to instigate treason is to commit
il"
The views that We have just oxprassed, 10
NOT, in cur opinion, confet in the least, with
the freedom of speech or of the press. BY
the constitution Of the United States Con-
gress is forbidden TO make any law abridg.
ing the freedom of speech Of the press and
the consfitution of this state provides that !
the printing presses shall be free TO every
person who undertakes TO examine the pro-
ceedings Of the Legislature or any branch of
the government and no law shall ever be
made to restrain the right thereof The
free communication Of ,hou ght aud opinions
is ore of the valuable rights of man /; and
every citizen may fully speak. write and
print on any subject being responsible for
the abuse of that liberty. What are we to
understand from the words freedom of
speech pr of tho press" as used in the Con-
stitution? The trainers of that instrument,
evidently recognized it as a well defined, pre-
existing right, or they declare that it shall
not be abridged. Certainly men of learning
and experience, would not in so important q !
paper forbid the a5ridgement Of right |
which was without anv certain measure or I