Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-04-23

der each Jurisdiction. On THE point the So
prrme Court Ia the cas- Of Moore W. the
People o. illinsis-i4 Howard, page 10
holds tie ALLOWING deanlte language -
Livery ridzeh a. tbe United Siaies 3 also q
ciiteaofs state or Territory. BE may be
sadt 1 owe allegian6Ate two ~sevefeig1s, and
mag Be liabidts pahishment Bran iliracticn
Of the kWEof einlers The ams eel may BE
an oGense or transgretsion Of both. Thus, an
Assault upon the Marshal Of the United States,
and tiudering bin II The execution ct legal
process isa high-o8ehse against the United
States, for which toe PerPt traitor Is liable to
punishment; and The same act may be also g
gross breach of the peace Of tie State, as a
riot, ASSAULT o. a murder, and subject the
same person to a punishment Under the State
lava for s misdsmesh0r or felony. That
either o. baih may (f they sec 81 punish
such an offender, cannot be doubted. Yet Il
cannot be truly aTeFFed that the offender has
been twice punished for the same ofense but
only that by zone act he has committed two
~oheuses, Tor each Of which he is justly pun.
ishable.' The objection Of double punish
ment cannot then stand against the ProVis-
Inns Of the bill. Even if It did subject the
offender TO the second trial for the same Of
tense, il IS WI known that a conviction un-
der one Jurisdiction would be q bar 10 con-
yiction under the other.
On The question Of Jurisdiction, precedents
Of laws 10 other States are not wanting. Il
IS treason against the State Of Tennessee for
any resident therein 70 levy war against;
to take & commission from the enemies Of the
State or Of the United States; 10 aid or assist
such enemies by e~nlisting or P~ersuading 9th
ers 10 enlist BY furnishing such enemies
with arms ammunition, provisions, or any
article fGr their aid or comfort; or 70 form
any plot 20 betnay the State or the United
States" Tennessee code Of 1855, page s5O)
This law IS almost an exact transcript Of the
early laws Of Massachusetts,, Vermont, Con-
nectieut Delaware and Pen. %sylvania. New
Jersey haH had a similar law for the last
thirty years.
1he reason for concurrent jurisdiction Of
the Federal and State Government, in the
cases already adiudicated by the courts Is
obvious, and peculiarly apropos TO the crime
OF treason. The bill declares it to be treason
against Ohio for any resident thereof TO seize,
OF bstrRy to enemies, any forts, a~rsenals, or
other property Of the United States, situated
within this State. Now. all the custom
houses, post Offices, hospitalS or other United
States buildings 10 Ohio, were erected chiefly
for the beneit Of those citizens of the United
States who are also citizens Of Ohio, and any
betrayal or destruction Of these would be far
more calamitOus 10 citizens of Ohio than 20
those Of any other State. In this fact rests
the strong reason Of the law, which would
properly make Ohio joint guardian Of the
rig Is Of her citizens of the Union.
That Congre 8 did not regard its iurisdic-
ton of the crime Of treason exclusive, is evil
dent from the first Federal law on that sub
jecL passed April 30, 1880. That law de-
nounced a penalty OF seven years' imprison-
ment and l fine Of one thousand dollars
against any person who, knowing the exist
ence Of any treasonable design against the
Government shall not as soon as may be,
inform the President of the United States
5 or one Of the Judges therefor hs Prssi-
dent OF GovarH9r Of a particular StaGs-OT
SOM one Of The Judges or Justices tasTeoE-
By this section the Executive and Judicial
depar ments OF the State Governments are
expressly declared associated with the Fed
eral Government IN Furnishing the crime of
treason. With such an admission, from such
4 source, It will be difficult TO show that a
similar par icipation Of a State Legislature in
the same important matter can be regarded
Unconstitutional. From these authorities,
The Federal and State Constitutions-Judi
cial Decisions-Laws Of the General Gov
eminent, and OF almost all the States-ws
are justified Ia the conclusion that this bill il
clearly within thu scope of the constitutional
authority Of the General Assembly.
IL That the public welfare requires such
q law, can hardly be questioned. A measure
which the Federal Constitution and laws
clearly f~Oreshadcw, which the Constitution Of
Ohio anticipates, which the presidents Of al
most every other State in the Union, aud of
Ohio herself for thirty-six years sanction,
would be wise and prudent at any time, and
would fully commend itself to the wisdom of
our people.
Il should at any time startle Us that all tie
ths acts Of dSLogalg and treGehsy snumeT-
afsd 81 tbs BIZ may b eGlmiheE ggaiast The
STATE Of ohio, and yet SIljeef ne offender 70
no Other change thaa trespdss or mGJ6edsanes is
o6Fee. Shall Ohio visit the extreme penalty
of the law upon the murderer of q citizen,
and yet be powerless against him who shall
plot the ruin Of the State2
But II such a law is necessary at any time
how much more 80 Is it at q time like this p
when citizens Of several States, without col
or Of law, are selling the property Of the
United States, aud turning the guns Of the
Federal forts against merchant vessels in the
peaceful pursuit of commentaries hastily
called conventions are declaring the bonds of
the Union severed and are raising armies to
resist the execution Of the National laws
when Northern arsenals haVe been stripped
OF their contents, and the arms manufac-
tured for the defence Of the Union, sod or
betrayed 70 It's most treacherous enemies
when the insane spirit Of secession Is threat
ening TO break up oil he foundations Of %.
cial and National safety, and utterly disinte-
CRATE and demoralize our Government when,
as now, war Is not only imminent but ~
tualiy upon us-W hen the Chief Executive
of the nation has called upon the loyal
States to stand by the Union, and fight ioE
It's existence and integrity-when all these
startling events are transpiring, It becomes
Ohio TO strengthen every bond that binds her
citizens 70 herself, and herself TO the Union.
, There may, perhaps be within her own Dor.
! ders. reckless men who will sympathize with
treason and traitors, and who win resist any
> attempt to maintain the dignity and suprem.
aey of the law. The palpahle reasons for the
passage Of this bill are tenfold stronger to.
day than they weretwo months ago, when Il
. was introduced into the Senate.
L is high time for Ohio to enact alaw Il
! meet treachery when 4 shall take the form
Of an over. act to provide that when be
soldiers 90 forth to maintain the Union
there shall be no treaehsrous FIRE in the rear
1t is time for Ohio to declare 70 all be
citizens and to all her sister States, that tn
prosperity of the Union is her prosperity
!, IFS friends her iriends-its enemies her enc
mies-its honor her honor-is destiny be
! destiIy-and whatsoever strikes a blow at II
lie, strikes also athers.
Your committee would, therefore, earnest
IL recommend the passage Of this bill.
Respectfully submitted,
April Is, 1851. Ia GARFIELD.