Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-05-09
Che Ohio Gtatesnrl5op,r
rKR. j. .
LFrOm the Cincinnati EnquIrer.I
IMPORTANT DECISION.
JUDGE SWAYNE,s OPENVON M
100 t.D- TREASON. ~


70 Treason by R.6elliOn-Adhtyino IN III,
Enenlies, giving them Aid and Comfort Refsr,
TO Public War Dih FOreiqn Enen,,-- hi
pO'at Of Large Number of Cases.
AT the April:term of the United States Cir
CUT Court OF 1861, Judge Leavitt In his char0,
to the Grand Jury, said:
Wlil now briefly call the attention OF the
ufaha -. Jury TO the second part of the definition
~ ueason' moulded In the words, ddherinq d
tMe enemies p nc United States, giDing Mtrn aid
. ."u Co"v"'. Inc statute gives no specifica-
Lion OF the acts which constitute treaaon undar
this part of the definition Of that crime No,
can wo avail ourselves of the aid of iudicisl
authorities, TO any extent, in the inyeetipation
Oh this subject. i am not aware that in anv
OF the prosecutions for treason in this country
sne WORDS under consideration have received An
eutnoritatlVe construction. The words 'adber.
iDg 70 ther enemies, giving them aid and com
iortI Ieavo no room to doubt that treaaon NAV
DO committed by other means than loyyips
war" -''J'"s
Inc Court then proceeds TO state that the
utterance OF disloyal sentiments ia nor treason,
Dut In specifying the numerous acts fairly
within the scope Of the words 'siuinq aid and
eoml0H to tho enemy" the Court continues:
10 furnish arms or munitions of war, or
70 provide boats, vessels. railroad cars or other
means oil transportation for those arrayed In
hostile opposition 10 the Government, with A
knowledge OF the purpose iOr which they are
70 De used, are unquestionably acts involving
Ine crime oil treason. So, too, melting, en-
couraging' or aiding others to engage In any of
tnese reasonable acts, If the traesonable mo-
i've appears would be giving aid and comfort
to the enemy within the meaning of the Iaw.
-
The purchase OF provisions, stores and no
cessaries for rebel or foreign arpy. engaged
in war with the National Government, bY a
commissary Of purchases, is Oil act of leyying
war, mourning the gu 1t of treason. If tho eel
Ter knows that the property ia to be used for the
army IN state or place in the possession of the
enemy, be thereby does give aid and comfort to
law" ~ VI 'no
AT tbe October term Judge Leavitt reafIirmed
what had been stated at the April term. and di
rected the Grand Jury 10 the Charge given at
that time, and added, on the language "adber-
ing to treaeoD," etc., the Court said "Tbis
language leaves no room to doubt that treason
may De predicated of acts, which are not d.
rect leVying of war according TO the cons.ruc-
tion OF the phrase" "To seII tn or
provide arms or munitions Of war, or military
stores or supplies, including food, clothing, ETC.
lor the use OF the enemy, Is within the penalty
Oh the statute in showing an adherence to the
ensniy, guy anu unlawful purpose of giving him aid
Upon the charge of the Court at the April
.ernl' James w ChenoWeth was indicted for
Neasoh Dy tne Grand Jury, in giving aid and
oomloss 70 tne enemy, ETC., aud upon the came
8touhus indictments were found apaingt Thorn.
as b. Lincoln and Jno. A. Skiff, CHARGED with
similar offenees At the present term of tbe
Circuit Court, Justice Swayne and Judge Lea.
vitt on the Bench, motion was made by Hon,
Heorge II. Pugh, in an able argument, to auasb
inc Indictment, upon the gyOund that the firs
clause OF Section 3, Art. 8, of the Constitution
Wnlcn provides that "treason against the limited
1tates shall consist only Ia levying war againsl
Inem," refers to rebellion, while the second
ciause' "or in adhering to thoir enemies, In
giving aid and comfort" relates to a public war
WITH foreign enemy. The learned counsel
olteu 70 numerous authorities in support of his
propagation. The Court took the motion under
savlsement, and yesterday morning Justice
oWAyne delivered the following complete and
very able opinion. ''''
''"Ouir COURT OF THE UNlTED STATEs, SOUTHERN
DISTRICT OF ONO.
Ihe OhHM States Ds. James w UeaoDffh-
Indictment for IreaSOa-Motion TO quash The
Indictment.
SwAYNE, JUsTICE.--The indictment coDtaine
two counts. As they are Identical, as regards
the question now to be decided the first count
only will be particularly adverted to-
That count charges, substantially, that there
is In progress an inaurrection and war against
tho Government of tho United States, by per-
sons styling themselves the Confederate States
of America - that the defendant, residing with
in and owing allegiance to the United States,
we'll knowing the premises, but not regarding
the duty of his allegiance, and conepirinR and
intending to aid and assist the persons stylipg
themselves as aforesaid, during said insurrectioD
and war, to wit: on the Goth day of June, 1861
and on divers other days, before and after that
day, at the city Of Cincinnati, in the Southern
Disttict of Ohio, did trsitorously adhere to the
persons styling themselves as aforesaid-then
and yet being enemies Of the United States
and that in the prosecution Of his traitorous ad-
herring aforesaid, he did procure certain supplies
and munitions Of war, to wit: 90 Colts navy re-
volving pistols, 10 iye-Inch revolving pistols,
and 81 pistols, Of one Samuel Dreyfoos, and
from divers other persons unknown, with intent
traitorously to deliver to the persons styling
themselves as aforesaid said supplies and muni.
his traitor0us adhering aforesaid, he did, on the
days and at the places aforesaid, deliver TO the
said persons styling themselves as aforesaid
the said supplies and munitions of war, for the
aid, comfort and use of said persons in the pros-
ecution of their sad insurrection and war against
the United States.
Tue Constitution of the United States, Arti
Gle 3, Section 3, provides that " Treason against
the United States shall consiat only in levyi,lg
war against thom, or in adhefing to their enc.
mics, giving them aid and comfort
The act of Congress of April 80, 1890 sec
l, lie as follows:
"lf any person or persons owing Allegiance to
the United States of America shall levy war
against them, or shall adhere to their enemies,
giving to them aid and comfort, within the Uni
ted States or elsewhere, and shall be thereof
convinced" etc they "shall suffer death"
This indictment is framed under the second
provision of this section Of the statute That
provision relates exclusively to adhering to the
enemies Of the United States, and giving them
aid and comfort. The prior provision relates
to levying war against the United States Il
has no connection With the question involved in
this motion, and need not he further adverted to
The second provision 10 literal transla,ion-
mutGtis naturalization the Norman French, of
the provision upon the same subject in the
English statute, Of the 25,h Edward the Third;
'0n soft adherent as enemee nostre, signiour
Ie roy, rux eux donant aid ct comfort en- sou
roialme ct alors."l hV
In support of the motion to qussb, il is claim.
ed that the provision in the English statute
corresponding to tho provision in our statute,
upon which this indictment is founded, has al
ways been held by the English courts to apply
only to those who adhere and give aid and com
fort to foreigl enemies and that it has no appi-