Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1861-05-17
HON. $. II. wOROEsTER,s CHARGE,

GRNTLEMrN.-In addition to what have said
in respect to your general duties as Grand Ju-
rors it seems to me proper in the present un-
happy and distracted condition Of our country;
to call your attention to an act defining and pun
shing Treason, passed at the present session Of
the Legislature. Treason is said to be the high
est and most fragrant crime known to the law
The government under which person lives is
bound to protect him, and he on his part in re-
return for that protection, owes II allegiance and
fidelity, and in all proper ways is under obliga-
ton to support and maintain it. The purpose of
the person who commits Treason is to subvert
and overthrow, or to aid in subvertng and over
throwing his government. The wrong that is
committed by man who is guilty of ordinary
crimes, such as murder, robbery or larceny, in
wolves in its evil consequences in common cases,
but very few persons But not so with Trca-
son. The constitution, laws and customs Of u
nation arc established and maintained for the
common protection, safety and well being Of all
the subjects Of the government, aud all who may
be within its limits. When these are subverted
or destroyed, the indispensable safeguards for
the protection of all the interests of society are
swept away. Anarchy, disorder andlicense fol-
low, and all are involved in common danger
and ruin. There are no longer any adequate and
proper security for the life, liberty or property
of any one. Such are some of the consequent
ces of successful Treason.
For several months past the people Of seven or
more OF the States belonging to this Union have
been and still continue in open rebellion against
the United States. 1t is not necessary or prop
er for upon this occasion to comment upon
the history of this rebellion the causes that have
led to it, or the reasons or pretexts upon which
it is justified excused by those now engaged
in it. 1t is sufficient for my present purpose to
refer to it's recognized existence. The men who
have set it on foot and who are now carrying it
on, have at different places organized and armed
military and naval forces in open and avowed
hostility to the United States; and those forces
are now in arms for the purpose of subverting
our N National Government. They have by force
of arms captured and seized the mints, coin,
ships, FORTS arsenals, custom houses, arms, and
munitions of war belonging to the United
States, and not only still retain them, but are
now using them as part of their means to over
throw the government.
They have set upand claim to have establish
ed, within the limits of the United States new
government, known as the Confederate States, in
hostility to the laws and institutions of the Uni
ted States. Within the limits of this new gov
eminent they have defed the laws and annulled
the Constitution of the United States, and COM
PEELED its public officers to resign and abandon
their official duties, or in case of REFUSAL have
forced them to leave the country. They claim
to have absolved all persons within the limits Of
this new government from the allegiance due to
the United States, and to have caused that
allegiance to be transferred to the Confederate
States. They have levied and are now carrying
on war against the United States, and have as
sumed in all ways the character and attitude of
public enemies. All concerned in this movement,
under the laws of the United States, are guilty
of Treason to the Government, and are now in
open rebellion; and the President of the United
States, in order to prevent the destruction and
overthrow of the government, and to protect the
National Capital, has been compelled to call out
the military forces of the country for the pur-
pose of suppressing this rebellion. The rela-
tions then, now existing between the United
States and the so-called Confederate States, are
those of actual war; and these relations are to be
governed and controlled by laws applicable to a
state of war.
1t was in view of this distracted and calamit-
Gus condition of the country that our State Leg
islature for the first time since our State has
been organized has thought proper to pass an
act such as the one to which l have referred for
the punishment of Treason. The Constitution
of the United States defines what acts shall con-
stitute treason to the General Government, and
n law of Congress passed in the year 1890, pro-
vides for its punishment cdpitdMy. Under this
act of Congress this crime may be committed by
any person who owes allegiance to the United
States and person within the meaning of this
I law is said to owe allegiance to the government
who resides within its limits and enjoys the ben
eft and protection of its laws, whether native
or foreign born. The subjects of the law of this
4 State to which have referred are persons reSid-
ing in the State, and it provides for both the
punishment of Treason against the United
States and the State of Ohio. 1t is entitled "An
act for tie punishment of Treason" The first
section of the law enacts that
"Iany person persons residing in this State shall
LeUv against this State the United States, shall
knOcH4y adhere The enemies Of this State or the Uni
ted States giung them aid and comfort shall be deemed
guilty OF Treason against the State OF oho and on con-
viz ba In
| during lfe.''
This secton as will be seen involves and defines two
State or the United States 2d Adhering to TIE enemies
of either, giving them aid and comfort.
The Constitution Of the United State. defines Treason
to the United States substantially as it is defined in this
law. 1t makes it consist in evying against the gov
ernment of the United States In adhering to its
mics, giving them aid and comfort
1t is highly honorable to the people OF the United
States, well creditable to Government that the
crime of Treason has been very rare and consequently
have very few judicial decisions giving construction
to the language used in the Constitution defining Trea
son. showing what orert acts to be regarded
leUyiRg par or ddhering to enemies, giUiRg them
Gad comfort. The question as to what constitutes the
have been more fully considered in the case of he United
States Burr, decided IN the year 1907 than in 9th
found that there conspiracy for levyHg rdrj that
reasonable purpose existed on the part of Burr but thai
crime Of Treason had not been consummated for the
reason that armed dssem6iage Of had been col
ced for the purpose executing the reasonable intent
Of the consratos or in other words that no oar had
them that in order to constitute the crime of Treason
leUyRg oar necessary that there should not only be
conspiracy with the criminal intent to commit treason
but that also there should be armed force assembled
for the purpose Of eectng that intent The levying
war; literally the making or creating war, ant
those persons levy who associate together in armed
force to make it and carry 1t SO after war is
commenced those who join in II afterwards are equally
guilty with those who originated it. And in the
referred to, rather in the against Boman ct al
growing out of It, Chief Justice Marshall giving the
opinion Of the court further says at is not the nten
tion Of the court to say that person be guilty
this crime who has not appeared in against his
try. On the contrary, II be actually eyed-that is
If body OF be actually assembled for the purpose
eecting by force reasonable purpose all those who
perform any part, however minute, however remote
from the Of action and who actually in thu
general conspiracy, are to be considered traitors"
not necessary for to specify the many and var
overt acts that would be regarded levyng war
within the meaning Of this law. But some Of these act
unequivocal in their nature to leave little
doubt Of the guilt Of the who commits them.
this character would be the voluntary performance oil mil
iary service in the army of the enemy. So if shall
actually exist at the time the voluntary enlistment of
soldier sailor In the military naval service OF the
envy would unqnestionAbe be treason whether the part
should actually join the armed forces of the enemy not
80 person be league with the enemy, knowing the
purposes should act recruiting officer, and enlist
in their service, should purchase provisions muni
tions Of war for them Of any Sort he would undoubte
held guilty levying These instances will
to illustrate the subject by few of the many example
that might be named and II will be unnecessary to g
A more into detail.
The second kind Of treason mentioned in the refer
to- the adheng TO the enemies OF the State or
the United States giving them aid comfort The stat
itself not define what meant by adherng tn
enemies Of the State what acts would be regarded
giving them aid and comfort within the meaning OF tn
s law, far am aware have there hitherto bee
judicial decisions Ofthe courts in this country, Civ
ing construction to similar acts, that will furnish
. Considerable aid In giving a construction TO this.
must therefore be left that calle