Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1855-1861, 1861-04-20


! Constitution Of the United States. II BODY
Of men be actually assembled for the purpose
! Of effecting by force treasonable purpose all
] Of those who perform any part, however re-
mote from the scene of action, and who are
! leagued in the general conspiracy, are to be
! considered as traitors, but therein ust be ac-
: tnal assemblage of men for reasonable pilr--
! pose to constitute a levying of war.--[See
| Storys Commentary on the Constitution, vol.
3, sec. 1890 4 1894 I'd volume o. condensed
reports. Exparte Bollman Swartwout.-
! Any force connected with the intention will
constitute the crime of levying war.-I Last
! Book, page 40 War is not only an act hut
nstute and condition. For nations are snid to
/ be at war net only when their armies are en-
! gagged, so as to be in the very Gct CT centen-c
.ion, but also when they have any matter Of
controversy or dispute snhsisiing between
| them which they are determined TO decide by
: the use of force, and have declared publicly
! or by their acts TO so determine it by force
(Bover's Diet volume 2, page 6l9; see Co,s
Digest, page 75s, referring TO the case of Bas
/ VS.. Turgey,4 Dallas 81. War is that which
| takes place between nations or sovereigns,
! snd which is carried on in the name of the
! public power, and by its order.-[ Vatals Law
| of Nations, hook Sd, chap !, page 2so. lie
/ who ia foremost in taking up arms and at
/ tacks a nation that lived in peace with him,
wa,es offence war.-[See Va,.'s law of
tions, page 2s3.- The sorreign is the real All
thor of war, which is carried on in his name
and by his order.
II il point of the public news and history
J If the present day. that the Governors and
Government, both Executive and Legislative
! branches of the States of South Carolina,
! Georgia, Alabama, Florida Mississippi, Lott
isiana, and Texas, has levied against the
/, United States; they have by force, under the
: alleged authority of their respective States,
/ seized and taken the property of the United
, States, taken her forts, arsenals, and muni-
F.; lions of war by force. declared themselves in
dependent of the United States, and that they
will resist the force of the United States by
force. They have violated the Constitution
Of the United States. and set up an independ-
tnt Government, and formed new alliances
they and their citizens are, by the rules of the
laws of nations, enemies to the United States
And giving aid to the enemies of the United
States, is declared to be treason agains. the
United States. Shipping munitions of war 10
fhe enemies Of the United States is giving aid
and. cor.fort--CSee the act of Parliament IS,
Edward the3d, chapt. 2, sec. 3, 4 Blackstones
I Com, pages 81 t. So. Leyying war against
he King in his realm, adhcring to his enc
'lies. giving them aid and comfort, was de-.
ii 1sa a4ieie 81 ife 81 ts f
States, is substantial copy of the above
cited act Of Parliament. Under that statute
50 resist the kings forces, by defending a cas-
fac against them: is lerying of'war.-4 Bik's.
Com., page 81. Giving intelligence, sending
provisions to the edemi"s, selling them arms,
'reacherously surrendering fortresses, was all
rcts of treason, under said act of Parliament. |
- Biackstones Com, page 50. The Defend |
nts intention to procure provisions for the |
,nemy by uniting with him in acts of hostili- |
- against the citizens of the Unitdd States, !
,.is progress towards the shores would have I
been AN overt act of treason against the q. /
s.-Pryor. Washington's Report, 234.
The definition of treason il a technical |
term and is reasonable to suppose that it is |
used in that instrument in the same sense in |
which it was understood in England and in |
this country, to have been used in the statute |
25, Edward 3d. from which it was borrowed. !
I'D Burrs trial, page 402. Not only persons |
who bear arms, but those who assist other |
wise, are among those that levy war, as re. |
eruiting officers, who never go to camp, or
Commissaries who make purchases for the |
rebel army Cranch, 470
BY an act of Congress, passed the 3oth |
OF April, 1870, treason against the United |
States is made punishable with death, by the |
ID section of said act Every person OF
persons having knowledge of the commits
sion Of any treason, and shall conceal, and
not as soon as may be disclose and make I,
known the same to the President of the Uni-
Ted States, or some Of the Judges thereof or
10 the President or Governor of n particular
State, or some one of the Judges or Justices
thereof, such person or persons On conviction
shall be adjudged guilty of misprison of trea-
son, and shall be imprisoned, not exceeding
seven years, and fined not exceeding one
Thousand dollars. - grT 4
Each State in the Union is sovereign in re- j
gard to her reserved rights, and all rights !
are reserved except those which are ceded to |
the United States by the Federal Constitu-
tion. Hence, an individual State, may by her
legislation decree what shall be treason
1c
by her legislation has declared what shall |
constitute treason against the State of Ten |
nassee. Section of her Code 4743 declares |
treason against the State of Tennessee to be |
lst. Taking a commission from and under |
the authority Of the enemies of the State, or
Government thereof. = I
3. knowingly or Willingly aiding or assert
ing any enemies at open war against the
State or United States by joining their armies,
by enlisting, or procuring, or persuading 9TH
ers to enlist for that purpose. BY furnishing
such armies with ammunition, provision, or
any Other article for their aid or comfort.
1. Forming or being in any wise concerned
in forming any combination plot or con.
spiracy for betraying the State or United
States into the hands or power of any for
egn enemy.
S. Giving or sending any intelligence to the {
enemies of the Stale for that purpose. Sec :
tion 4744 provides that any person convicted, E
&C., shall suffer Imprisonment in the Peniten. I
iary for not less than ten years, nor more
han twenty years. Section 4745 declares
hat if any person have knowledge of the .
of treason, and conccals the same
md does not as soon as may be disclose e
uch offence to the Governor, or some Attor. il
ley General, or Judge of the State, he is gull
y of misprison of treason, aud shall upon
be fined not exceeding one thous- y
IND dollars and imprisoned in the penitenti- 6
Try not more than FIVE years. :
Thus stands the laws of Tennessee in and
,ver the jurisdiction of the State of Tennes-
ee in regard to treason against the United
states and the State of Tennessee.
The States of South Carolina, Georgia,
Alabamn, Florida, Mississippi and Louisiana,
5 in a state OF rebellion, AID in their sovereign
aracity are traitors to the United States, and Vi
ach of their respective Executives, have as N
Individuals committed acts Of treason against
he United States, and hence are the public
nemies of the United States. Still with this
act made known to the people of the State :,
f Tennessee it is publicly declared that can. y
ON has been shipped to the Governors OF q
ONE of those States over the Railroads OF = =
ennessee.
Provisions are coptinually and daily ship J
ed mon the Railroads Of Tennessee, 10 dfee