Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-06-02

j [From the Cincinnati Presu. ltq -a.
The Law OF Treason I'm the United
Il states. =
i The Constitution provides that "treason
against the United States shall consist only IN
levyiDg war against them, or In adherine 10
their enemies, giving them aid and comfort. ["
The first clause cf the definition, IL is evident,
from the phraseology, was intended by the fra
mers to apply to cases of domestic insurreetion;
the latter to cases Of foreign invasion. If Ws
are correct In the foregoing proposition treason,
in case OF intestine disturbance, Can be commit.
tea only by such as levy war against the United
Inrespect to the limitation Of the crime Of
treason TO- the act OF levying war, the United
States differs from all other countries Tba
reason for this difference Is 10 be found In the
circumstances OF the time when the rule was &c.
tabli.hed. The United States had just emerged
froD the Revolution. During the whole of the
revolutionary period, the people had been ao-
counted traitors to government whose rules In
respect to treason were 80 loose and contradict
tory that what did or did not constitute the
crime was practically a mere matter of judicial
discretion They bad learned by experience
that judges could be swayed by feelings Of party
excitement or by the suggestions of the Gov
eminent under which they held cfIice, and that
either VI these Influences was inimical TO Justice
opening the way to reigns of terror, and the
commission OF high crimes against humanity
The trainers of the Constitution, therefore,
made the rule which we have quoted, and
which, whether or not the wsest that could have
been devised, 10 and must continue to be, the
law OF judicial proceedings In cases of treason,
until it shall be annulled.
| The decision Of Chief Justice Marshall. in
the case of The United States 90 Aaron Burr, is
understood to be the leading authority, In the
matter of insurrectionary treason; and, in con-
formity with Its rulings, so far as they are ap-
pllcable, all subsequent questions have been de-
cided According to this decision, the species
Of treason under consideration consists In levy
ing war against the Government. There must
| be an actual levying of war, and the party
charged must be connected by testimony with
some Of the warike operations. In order to
levy war, there must be something more than
plots and conspiracies. A conl nlpiracy to over
throw the Government, however artfully con-
trived and extensively epread, Is not levy: ing
OF war. There must be an assemblage of
people, o collection of materials-some overt
act which evinces hostile design, and such in
character as naturally precedes hostile act.
ITO constitute-says Justice Marshall, bor-
rowing the language which had been used in the
previous case of Bollman and Swartwout--that
specific crime for which the prisoners now before
the Court have been committed. war must be
actually levied against the United States. How.
ever fagitous may be the crime Of conspiring
to subvert by force the government of our coun.
try, such conspiracy is not treason. To conspire
TO levy war, and actually to levy war, are dis
tinct ofenses. The fret must be brought into
operation by the assemblage Of men for a pur-
pose reasonable In itself; or the act of levy.
ing war can not have been committed"
Although the fact that war has been levied
10 necessary to constitute the crime of treason,
it does not follow that none but those who have
| actually appeared In arms can be convicted
On the conrary,if if war be actually levied, that
10 to say, if body of men be actually assembled
for the purpose Of effecting by force treason
able object, all those who perform any part,
however minute, or however remote from the
scene Of action, and who are actually leagued
in the general conspiracy, are traitors.
off, for example-said the Chief Justice-an
army should be actually raised for the ayowed
purpose of carrying on open war against the
United States and subverting their government,
the point must be weighed very deliberately be-.
fore Judge would venture to decide that an
overt act of levying war had not been commit
ted by commissary of purchases, who never
i
leagueing himself with the rsbels, supplied that
army with provisions, or BY recruiting officer
holding a commission in the rebel service, who,
though never In camp, executed the particular
duty assigned to him" "a,
War being levied, therefore, all conspirators,
emissaries, spies and agitators In co-opera-
tion with those In arrns, and seeking by their
acts to promote the common end, become trai-
tors and liable to be dealt with accordingly. u,
Another clause of the Constitution provides
that: "No person shall be convicted OF treason
unless on the testimony OF swo Witnesses 70
the same overt act, or on confession in open
Court" trt- .r .es
| This has reference to the trial Of persons
charged with the crime of treason, and rem
| ders necessary, under the construction put upon
\ IL by the Court, feet: that the indictment set
forth come specific act Of leyyipg war, and
some act of the prisoner connecting him with
the same; and second: that these facts be prov.
ed as they are laid In the indictment--the guilt
Of toe prisoner BY two Witnesses to the same
overt act.
"The place in which q crime was committed
10 essential to an indictment, were IL only 70
show the jurisdiction Of the Court. II is also
essential for the purpose Of enabling the prison
er to make bis defense. . A de.
scription of.the particular manner In which the
| war Was loNlSu bcctub dlsu ebbeuuhk 10 enable
the accra. ID 10 make bis defense. The Law doea
not expect man 10 b prepared TO defend every
action of bis life, which may be suddenly, and
without notice, alleged against him, In COM
mon justice, the particular act with which be
10 charged ought 10 be stated, and stated In such
manner as to afford reasonable certainty Of
the nature Of the accusation, and the crcum-
-stsnces which will be sdduced against him
| IL is not to be doubted that q man may be In.
dicted and convicted for being connected win q
reasonable attack upon Fort Sumter, altaonEh
he was no nearer the scene Of action than the
city of Cincinnati; but 10 order 70 such convic-
tion, 1t will be necessary 10 allege and prove,
first, q treasonsble attack upon that pkfticuldr
fort; and secondly, some connection Of the pris-
oRer with the parties by whom the attack vas
made In the way Of encouragement or assistance
| to its operations. tsNAsh1
The only other provision Of the Constltutio
applicable TO cases of treason, isn Article Sinh
4 of the Amendments:s r ,sty ,,-.t,.t... y
"In all criminal proaecptions, the ACCUSED
shall enjoy the right to speedy and public trial,
by an impartial jury Of the State and districi
4 wherein the crime shall have been committed,
which district shall have been previously ascer-
tanned by law; and to be informed of the nature
OF the accusation; to be confronted with the vie.
nesess against him; 10 have compulsory process
for obtaining witnesses In his favor; and 20 have
the assistance OF counsel for bis defense" ~
I SEVERE WEArHra IN EuRoPE. .--Accounts from
n Europe report that tho weather since March has
.alA ..I ~