New-York daily tribune., 1862-05-14
Leavitt on the Bench, a motion wac made by the
Hon George Z. Pugh to quash the Indictment upon

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the ground that the first clause Of Section s. Article
g. Of tie Constitution which provides ,ha Treason
against the United States shsll consist only IN levy
ng against tbem, refers 10 rebellion, wbile he
second, "Or IN adherng to their enemies, IN grint
AID and comfort, relates to public war with
foreign enemy. The learned counsel cite' MINER
QUE authorities IN support OF his proportion. Inc
Court took the motion under adv'semeni, and on
Wednesday Justice Swayne delivered the following
opinion:
regards the question to be decided, tue tis count only
That coun eh.s~. ,nbssntisy that there IN progress
an insunocon and against the Government Of the
United States by persons styling iheueyo' tae coneder-
ard owing slieea 20 20 lie nireo ss,r ven moving be
premises, bat ling the dusy OF ms s-s.noc ana
themselves uore,sd during said 1nd wal u"
wii: the 1h day Of june 6 and diss' other day
in the Southern District Of Ohio, did tsstorousiy
adhere to the persons styling themselves IS sio v'ad
aud thst in the prosecution OF hs atocu adnerng aor
aid he did procure supplies d munitions Of war TO
pistols and 20 pistols OF Samuel Dey'oos ad from Gi'
other persons unkno~p IN intent N'"ro9sy 70 De
liver the then selves aid said sup
plies and munitions sad st ia further prosecution
OF ID. sorou sdhorng Aforesaid he did the DAYS and at
ely-. ssd the ssd nppes snd munitions Of var for
and comfort and ,sd ier-ons in he prosecution
The Constitution Of the crt.a states article section =
pf.iG-s shat ast the United states shall consist
ouy levyng sssrst them or in sdhens to then enc
| mice. giving ,hrm aid aud comfort" -
Ihe OF Congress OF april 80 $780, section ID as !ol-
III any person per.on' owing allegiance to the United
states OF America snail levy war ssan't them or sHsl al
their enemies gyi them aid and cOiior witbn
the United States elewhere. aud shall be thereof con-
vigt,d,' etc, they - shall suffer DEATH ,, -,
this section of the statute That pfoion relates eAcnNey
to sdbering the enemies of the UDited States and svns
war against The Uptee Stats Il has connection wh ihs
question involved In this ton and need not be further sd
The second provision is literal Translation nufaf' mn
taAa oia me 2Lsn fI-,n oi ne p'5siI S rsS ,S
GA s0 sdheseu, enones nos,rr, ssnionE e ,os
donant aid 81 c'uor; =" roismc o. s0fi.
In snpp"It tie motion quash Is csimed thai inc
Non IA o,r s,,aie upon which ~. indictment /, founded. b.
always held by he dish Courts appy only TO those
wna adhere and give c1ior 20 fyei enemies and
that hs. sPi cation to iho.e who commit the IKE acts
u resi- domestic ,rsors engaged ia insnrFrcon or
btlioa a. is. tieir own Government.
p,ooo.ir.on: 1oke. Inst, ~ H4es =. C., a5j, Foster.
& h., ch l35 soc IL; Chuy Or h. o2i b. CON- o4
We have c41eully examined these authorities. Thoy
TEN fu TIE pr"posiii2n they have been cited % support
s rroy.on o the English having been thus dopted
must oe held hat the const ae'ion give" 20 o the f'
gi.n Courts pfior to its edupiuu adopted with H.
TIE principle which underlies this proposition is 80 well
settled hardly to require the support Of argument or All
thonty
In llinhou.e Chester. Day, 2il, the Court
II j, sound rule ~ our s':a,1.e 5,e term
End here h-s definite appropriate u-ns attached % H.
hey must be suplosedto in ths s,use In which u Is
| .ud. stood Ia the tng.isA lsw"
1h s in sccoidanes with a, the authoe. upon tie sub
lJell
The ahorte. which establish the construction contereed
Tor hy defendants counsel also down To. proposition
ths te Witch make within the statute of
sdhcIns 49,. giving ii sEd comfort to foreign enemies when
respect to iusugrnt. and rebels, mss tie 1hcnder
gl;y Of crime OF evyug against the Government
liable be punished nlder the other Provision o: the
statute ior hat oh.nse-l 3 Bi Com, q.
The question involved 10 this motion too clear 10 admit Of
dJlbi q e. its proper solution
We ii, hers 70 ldmiui.tsr the law. no, to makcit
With the eIcitomeuts u the houT. Judges have
nothing do They csnBo, change the Law afuc our
duty Csuse.s. and Ncssd a. T. Ills rebellion and fearful
already in blood and II Il not the
les duy hold the scales Of justice all eaie' rhb
hrm and steady band.
Ihc motion must be sustained The Indictment will be
gus shed.