New Oregon plaindealer. (New Oregon, Iowa) 1859-1866, 1862-05-23
SOUND DOCTRINE DECISION OF JUS
TIC. SWASNE or TH~ UNITED
STATES SUPREME COUET--TsE
Law OF TREASON DEEINED, AND
OF COURSE OF CONFIsCATION.

On the It'll inst, justice Swaync, OF the
Supreme Court ofthc Unilcd States rendered
IA important decision Involving this question,
and settling the crime OF treason. and OF
course the right of contiscation under our
laws, 1t will be remembered by our read
cTs that Justice Swayne was appointed to the
! position he now holds rs one Of the Judges OF
! The highest tribunal of the land by the pres
cnt Administration. consequently, the charge
cannot be preferred against him, by the op-
position. as against the judges in times past,
of being n pro-slarery democrat.
| In our paper of March 9TH We prepared
and published an article taking the same
general view of the questions involved in
the law Of treason and confscation. To be
sustained by SO high authority is not only
gratifying to W., but it seems should induce
some men in the county wise without
knowledge, and old without years. to look
about them and see where they stand, and
what their abolit:on;z.d opinions are worth.
CIRCUIT COURT OF THE UNITED STATES, SOUTH
ERN DISTRICT OF ONO.
The United States as James ". Chenoweth-
Indictment for Treason -llotion to quash
The Indictment,
SwAySE, JusrIcE-The indictment con-
tains two counts. AS they are Identical rs
regards the question now to be decided, the
first count only will be particularly adverted
10.
That count charges, substantially, that
there is in progress an instruction and war
against the Government Of the United States
bv persons styling themselves .'the Confcder-
at, states OF America = that the defendant,
,csi,lins within and owing allegiance to the
United States we'll knowing the premises,
but not regarding the duty of his allegiance,
and comspiring and intending to aid and as
sist the persons styling Themselves as atore-
said, during said instruction and war, to
wit on the oO;h day Of june 1861, and on
divers other days before and after shat day,
ut the city of Cincinnati, in the Southern Dis
trct of Ohio, did traitorously adhSre to the
persons stvlng themselves as aforesaid, then
and vet, being enemies of the United States !;
and that in the pl oseeUton of his tra!torous
aihering aforesaid, he did procure certain sup
plies and munitions of war, to wit: 90 Colts ma
w revolving pistols, 10 tive-inch revolving
pistols and 80 pistols, of one Samuel Drey-
toos. and from Divers other persons unknown,
with intent traitornusy to deliver to the per-
sons STYLING themselves rs aforesaid said sup
plies and munitions of war; and that, in fur
thes prose cato, of his traitorous adhering
aforesaid he did, on the days and at the pa
ces aforesaid. deliver to the said persons sty-
ling themselves as aforesaid the said supplies
and munitions of war, for the aid, comfort
and use of said persons in the prosecution o!
their said instruction ard war against the
United States
The constitution Of the United States, art. 3,
sec. 3, provides that Treason against the Uni
ted States shall consist only in levying war
agains, them, or in adhering to their enemies,
giving them aid and comfort.'
The act of Congress CT April 80, 1870, sec.
l. is as follows;
IF any person or persons owing allegiance
to the United States of America sh Il levy
war against them, or sha adhere to their
enemies. giving to them aid aud comfort with
in the United States or elsewhere, and shall
re thereof convicted, &c; they shall suffer
DEATH
This indictment is framed under the second
provision OF this section OF tic statute. That
provision relates exclusively to adhering to
the enemies of the United States, and giving
them aid and comfort. The pr or provision
relates to levying war aga INST the United
States. 1t has no connection with the qnes-
ton involved in this motion, and need not be
further adverted to.
The second provision is q literal transl alton
-mesGtts naturalization the Norman
French. Of the provision upon the same sub
ject in the English statute of the 25th Edward
the Third I'.On soft adheremt as enemies
nos'Te, signour ls rop q rur eur donant aid
ct comfort en- SOU rola'me ct GiCrs.'
In support Of the motion to qnash, 1t is
claimed that the provision in the English
Statute corresponding to the provision ID our
statute, upon which this indictment is found
Ell, has always been held by the English
courts to apply only 10 those who adhere and
give aid and comfort to foreign enemies, and
that it has no application to those who com
nit the like acts in respect of domestic trai-
tors engaged in instruction or rebellion
againts their own government.
The following authorities arc relied upon
in support of this proposition: Coke's
| -st., II ! Hale's p. C, $50; Fosters c.
L., CHI. 23s, sec. 10; Gritty, Cr. L, CO a
81. Com, e.; Danes Alb, GOT.
We have carefully examined these nnthor-
tiles. They sustain fully the proposition they
have been cited to support.
1t is further claimend by the counsel for
the defendant that this provision of the Eng
lish statute haying been thus adopted, it
must be held that the construction gwen toit
ny the EngilsL. courts PRIOR 10 It's aoopiioh
was adopted with it.
The principle which undcrlies this proro-
sition is so well settled as hardly to require
the support Of argument or authority.
In Hiilhouse Is Chester, Day, 2ll, the
Court says:
1T is sound rule that whenever our legis-
laturc use term without defining it which is
well known in'the English law. and there
has definite, appropriate meaning attached
to it, they must be supposed to use it in the
sense in which it is understood in the Eng
fish law"
This is in accordance with all the authori-
ties upon the subject.
The authorities which establish the con-
structien contended for by the defendants
counsel, also lay down the proposition that
the same facts which make Il case within the
statute Of adhering and giving aid and COM