Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1861-02-01
HIGH TREASON DEFINED.


The excitabe people of New York appear
TO have been completely surprised at the
charge delivered in that city By Judge Smulley
e. Democrat) of the United States Circuit
Court, to the Grand Jury, on last Monday two
weeks, defining the crime Of high treason, and
showing that not only those who are DOW aOtivess
ly engaged 10 the secession movement in South
also those who furnish them aid and comfort
encounter the risk of incurring the penalty
of death, which the law of 1890 afixes to this
crime. The gist of the doctrine laid down
may be found 10 the following extracts from
the charge referred TO
''What overt acts, then, constitute treason?
a mere conspiracy to subvert by force the
Government, however fagitious the oI irne may
be is not treason. To oonspire to levy war,
and actually levyiug war, are disiact Of
fences.
elf body of people conspire and mediate
an insurrection to resist or oppose the laws of
the Uaited States by force, they are only gull
ty of high misdeIDeanor; but if they proceed
to carry such iOtention into executian by force
they are guilty Of high treason by levying
war. In the language of Chief Justice Mar
shall, s'It is not the intention of the Cdart to
say that no individual can be guilty ef this
crime who has not appeared in arms against
bis country.
''On the contrary, if war be actually levied
that j.. Il body of men be actually assem-
hied for the purpose Of eifect:ug, BY force a
reasonable purpose-aH those aodo perform
any part hoaOsver minute, or hotOeUsy remote
from the scene Of action, aud who are actually
leagued 10 the general conspiracy, are 10 be
considered as traitors"
''As tae court has already said TO you, the
combination and assemblage of body of men
with the design OF seizing, and The actual Seiz-
fag Of the forts and other pu6iic property
an and near Charleston, Suuth Carolina, and
IN some other States, as ieUyang of scar
against the United States. Consequently, anv
and every person who eng iges thraein is by the
law regarded as levying war against the Uoited
States; and all aoto adhere to thsm are to be
regarded as enemies, and all loao giue aaa and
comfort IN South Carolina or .Netc YORK. or in
any other portion of tue United States or
StS- "bOtf3 SNAuC NttAlD thS IApEbh ptDNlSluuS
CT the first section of the act of Both ApriI,
1890 aui are guilty Of treason.
"Whlt amouats to adhering to and giving
aid AMI comfort to our enemies, it is somewhat
difi;ult 10 all eases to defae; but certain it is
that furnishing then ruth arms and muni-
tioaS Of lqlr, Uessels, or other means Of irans
po'tation, or aug materials wtich 1oiH ald the
traitors IN carrying out their trdiforous pur-
poses, NTH knowledge that fhey are intended
for Suca purposes, or melting and encour-
aaing others to engage in or aid tie traitors in
any way, does come within the provisions of
the act. Aud it is immlterial whether such
acts are induced by sympathy wish the rebel
lion, hostility to the Government, or desire
for gain.
"Uuder the second section of the act Of
l79O, all who have any knowledge of any such
acts Of treason, and do not, as soon as possi-
bic, make it known 10 the manner therein pre-
scribed, arc guilty of misprison OF treason,
and subject to the punishnsnt therefor"
Considering that contracts ars even now
being daily made for the delivery of arms
and ammunition to those who have already
defed the authority of the Federal Govern
ment, and openly announced their determine.
tion to overthrow it, Judge Smaley has not
spoken moment too soon, and his remarks
should serve as warning to all who are soli-
cited to strengthen the hands of the avowed
enemies of the country 10 their treasonable
movements. Several arrests, it Is thought,
will be made of persons who have sold arms
to the traitors.