The Plymouth weekly Democrat. (Plymouth, Ind.) 1860-1869, 1862-05-15
important ID 5cisiJn Dy jusiic-
SWayne, Of the United States
Supreme COurt.

SW8yne, Of the United states
Supreme COart.
A. The April tenn Of the United States
Clrcui. Court Of 1861. Judge Lravitt, in
his charge to the Grand Jury. said
IL will n,w briefly call the attention Of
the Grand Jury to the second part of he
definition Of treason, included in the
words adherins to the enemies OF the U.
States. giving them aid and comfort. The
statute gives no specification Of the acts
which constitute treason under this part Of
the definition Of that crime. Nor can we
avail ourselves Of the aid Of Judicial au-
Ihorties to any extent in the investigation
Of this subject. am not aware that in
any Of the prosecutions for treason in this
country the words under consideration
have received an authoritative consirac
ton Tho words 'adherlng to their enc
mics. giving them aid and comfort leave
no room to doubt that treason may be
committed by other means than levying
war"
The Court then proceeds to state that
The utterance OF disloyal sen imen,s is not
treason. but. is specifying the numerous
acts fairly within the scope Of the words
giving aid and comfort to the enemy"
the court continues:
ITO furnish arms or munitions Of war,
or to provide boats. vessels. railroad Gals,
or other means Of transportation. for those
arrayed in hosrily opposition to the govern
ment. with a knowledge OF the purpose
for which they are TO be used. are unques
'ionabIy acts involving the crime of trea
son. So. too. inciIing. encouraging. or
aiding others TO engage in any Of these
reasonable acts. il The reasonable motive
appears. would be giving aid and comfort
10 the enemy within the means Of the
law
The purchase Of provisions. stores and
necessaries for rebel or for eign army. en-
gagged in war with the national govern
ment. by commissary of purchases. is
all act of levying war. incurring the gull
Of treason. IL the seller knows that the
property il To be- used for the army in
Stale or place in the possession of the
enemy. lie thereby does give aid and
comfort to the enemy, and is within the
penalty OF the law"
A, the Oct. term. Judge LAavitt re
affirmed what al been stated At the April
term aud directed the Graad Jury to the
charge given at that .imc. and. on the Ian
guase .adhering TO treason" &c. the
! Court said:
This language leaves no room to doubt
that treason may be predicted Of acts
which are not direct levying of war ac
c"rling to the construction of lha' phrase"
TO sell to. or provide arms or
munitions Of war. or military stores or
supplies. including food, clothing. etc.
Tor the use of the enemy. is within the
penalty OF The statute in showing an adhe
renee 10 the enemy. and an unlawful pur
.se Of giving him aid and comfort
Upon the charge Of the Court at the
April term. James w. Chenoweth was in
diced Tor treason by the Grand Jury. in
giving aid An comfort to the enemy, &C..
snd upon the same grounds indictments
were found against Thomas B. Lincoln and
John A Skif. charged with similar often
ces. At the present term of the Circuit
Court. Justice Swayne and Judge Leaviu
on the bench. motion was made by Hon.
George E. Push. in an able argument. TO
quash the indictment. upou the ground
that the first clause of section 3. art 3, OF
the Constitution, which provides that
Treason against the United SAFES slaIl
consist only in levying war against them.
refers TO rebellion; while the second clause
'or in adhering 10 their enemies. in giving
a ! and comfort. relates to a puUilc war
wih foreign enemy. The learned coun-
sci cited numerous authorizes in support
of his proposition. The motion was sus-
t.ned and The prisoner discharged. - Gin.
cinnati Enqrirer,