The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1861-02-05
Che 8aiIp 9nurnal.
Judge smalley ON Treason.
UNITED STATES CIRCUIT COURT Jan. IA
Before Judge Smalley.


UNITED STATES CIRCUIT COURT Jan. a.
Before Judge Smalley.
Charge to the Grand Jury on the South Car
DINA treason.
GENTLEMEN OF THE GRAND JURY.-The
Courts have requested your attendance this
morning in order to call your attention to
and give you some Instructions in relation
to crimes which have long been unknown in
our hitherto peaceful and happy country,
which for more than fifty years the Federal
Courts have not been called upon to inyesti-
gate, and which are therefore very imper
fectly understood in the community. Yet
one of them is the highest crime known to
the laws in any civilized country. 1t is
that of high treason. Recent painful events
make it the duty of the court to define to
you what constitutes the lesser crime of
misprisien of treason, that you may inquire
whether either has been committed by any
person or persons within the Jurisdiction of
this Court, and if you are satisfied that
either has, that they may be presented to
the courts to be dealt with according to
law end also that those who desire to be
good and true citizens may be forewarned,
and not ignoTantly and unwittingly be led
into the commission of any acts in violation
of the laws of their country, and which
would make them guilty of either of these
offenses. 1t is unnecessary at this time to
enter into an elaborate disquisitioR of the
law of treason. The Constitution of the
United States clearly defines in what it con-
sists. The third section of the fifth article
provides, " that treason against the United
States shall consist only in leYying war
against them, or in adhering to their ene-
mics, giving them aid and comfort" Again,
fba hot &C hn
gress shall have power to declare the pun
ishment of treason"
In pursuance of the power thus conferred,
Congress passed an act, which was approv-
ed April 80, 1890, which provides, in sec
ton one, that if any person or persons,
owing allegiance to the United States of
America, shall levy war against them, or
shall adhere to their enemies, giving them
aid and comfort, within the United States
or elsewhere, and shall be thereof convicted,
on confession in open court, or on the testi-
mony of two witnesses, to the same overt
act of treason, whereof he or they shall
stand indicted such person or persons shall
be adjudged guilty of treason against the
United States, and shall suffer death"
''Sec. 2. That if any person or persons,
having knowledge of the commission of any
of the treasonS aforesaid, shall conceal, and
not, as soon as may be, disclose and make
known the same to the President of the
United States, or some of the Judges there
of, or to the President or Government of
particular State or some one of the Judges
OF Justices thereof, such person or persons,
on conviction, shall be adjudged guilty of
raisprision of treason, and shall be imprisoned
not exceeding seven years, and fined not
exceeding $1,000"
1t is well known that war-civil war
exists in portions of the Union.
That persons owing allegiance to the
United States have confederated together,
and with arms, and by force and intimida-
| ton, have prevented the execution of the
constitutional acts of Congress, have forci-
bly, seized upon and hold a custom-house
and postofice, forts, arsenals, vessels, and
other property belonging to the United
States, and have actually fred upon vessels
bearing the United States flag and carrying
United States troops. This is usurpation
of the authority of the Federal Government;
it is high treason by levying war. Either
one of those acts will constitute high trea-
son. There can be no doubt of it.
The fact that any or all engaged in the
commission of these outrageous acts, under
the pretended authority of the Legislature,
or convention of the people OF any State,
or of the officers appointed thereby, or act
ing hereunder, does not change nor affect
the criminal character of the act. No man
or body of men can throw off their allegi-
ance to their Governm ent in that way Nor
can any State, or the people of any State,
acting in any capacity whatever, absolve
any person therefrom.
Neither South Carolina nor any other
State can authorize, or legally protect citi-
Zens of the other States in Waging war
against their government, any more than
can the Queen of Great Britain or the En-
peror of France. If any such power is as
sumed it is without right, and the deuded
individual who acts under it is none the less
guilty of treason, and liable to be punished
therefor.
That the slaveholding States have just
cause of complaints against some of their
sister States, is lamentahly too trna that
the Legislatures of several States have pass
ed acts which are in direct conflict with one
of the plainest provisions of the Constitution
of the United States, which acts were in
tended to deprive the slaveholding States of
rights expressly guaranteed to and impor-
tant to them, is well known. This is deep
ly to be regretted and it is hoped and be-
lieved that the sober, second thought of the
people of those States will induce them to
do justice to themselves as we'll as to their
Southern brethren, ard evince their loyalty
to the Constitution and the Union, by speed
| lily wiping all such acts from their statute
| books.
| But the fact that some of the States have
| passed unconstitutional acts can afford no
| justification fer rebellion and civil war, or
| breaking up Of the Federal Union, which
| was formed by the patriotism and wisdom,
conciliation and compromise of our fathers
in which our prosperity as people has been
unparalleled in the history of nations. Such
| Legislative acts, however, are not laws. Be-
| ing in violation of the Constitution of the
| United States, they are mere utilities, and
! oil ruhn attenant n a,f, tl.o...