Pomeroy weekly telegraph. [volume] (Pomeroy, Meigs County, Ohio) 1860-1866, 1862-05-16
Aiding and Ahetting.

tons Of Judge Leavitt, the U. 8. Grand
Jury indicted several persons for aid
b ing and abettins the rebels These
cases came on for trial at the recent
term of the Circuit Court. Hon Gee.
q +. Pugh late Democratic Senator, was
Counsel for the defendants. He moved
oonash the indictments on the ground
that the Constitution the United States
- and the laws of Congress, which define
e strcascn, q consist in leyyiug war against
- the United States, or Gathering to their
s,.ea.iss, aieing them. aid and comfort" F."
lneantF-h the latter clause, under
whiuh th prisoners were indicted--for-
efgn enemies alone, and did not apply
&c those who adhered TO, and gave aid
und cepfort' to rebels and traitors at
home.
= Mr. Pugh argued that these words
were adopted into our Constitution and
laws. from the laws Of England, in force
at that time, aud that by SO. adopting
the language Of the English law, we
- adopted with it the construction given
to the language by the English Courts;
that TIL" Courts of England had decided
=. that the words, "adhering to enemies,
giving them aid and comfort" referred
only 20 foreign enemies, and not to do
nestic traitors; and that, therefore, it
was no offense under our Constitution
aud laws. to give such "aid and comfort ="
to the Southern rebels, or to ''adhere to
them" in this war.
This was the argument Of the Demo
cratic Senator, and attorney for the
y prisoners. And the newly appointed
g Republican Judge, Swayne, after ma
tnre doliberation, pronounced the ar
. gument of the Senator conclusive, and
sustained the mo tion.. Thereupou, the
indictments were quashed, and the
admitted enemies Of the Government
discharged. And over this decision of
Republican Judge, which releases the
rascals, and gives free play to the ma
chinntions of the emissaries of treason
in our midet, the Enquirer is in ecstacies.
While we regret that hundreds of viii
lains will 60 unhung in consequence of
this decision, yet we believe the ar
gumeut of Mr.. Pugh was sound one,
and that Judge Swayne's decision,
given evidently against his convictions
- rhak - 1.,,r 10 L.,
cases, is a sound interpretation of the
CONSTITUTION, and the law as it is. And
Judge Swayne has given the highest
proof which could be given of his fit
ness for the position he occupies, by ad-
ministering the law in its true intent,
sven At, the temporary triumph of evil
ssdoers. -
si7 But, this is another instance of the
doctrine We shall never abandon, that,
however injustice aud wrong may seen,
TO triumph for time, yet justice in the
end is as sure as the DEGREES Of God.
This decision, which turns loose upon
community set of indicted conspira-
q tors against the Government, and which
hasY for that reason, called forth an 'ex
uItant shout from every disloyal sympa-
thiser with the rebels, we hail as an ad-
1ance-an almost immeasurabe ad
sance-toward the regeneration of our
country from the thrall in which it has
"teen- held BY the false constructions
given to the Constitution by the enc
mics of free Government, who have SC
long held sway in our courts as well as
all other departments.
We do not know that Judge swayne
thought of the future effects of his de-
eision. Perhaps he did no.. Sadly
and with expressed regret he felt him.
self constrained, as Judge, to decide
the question as it was presented, and
woald have gladly found the Law differ.
ntif he could. We are profoundly
thankful that he could net decide other.
wise. A host of traitors will go unhaag
to be sure, but that is temporary evil
that can veil be endured by leyal
people for the sake of the good which
must result.
This decision has already passed inte
our Judicial history. With it. has gone
the argument of Mr.. Pugh and the ex
.sultatisn of the Democratic papers. Ger
tainly,, neither Mr. Pugh nor thes.
papers have looked beyond ths presen
escape of their indicted friends. Ba
the decision has made a precedent
,cAich riR be .totlourcd By other courts
and Is, IN our estimation, Of far more I'm
porsaace 70 itie future Of this country an'
Of mankind than any ricfory aoon apo
the battle. field during This bloody and In
fe1nal rebeIioa. u
A fex traitocs will escape the jus
punishHaat due to their crimes, but tn
AK is. laid at the root of this, and al
other rehellions, by the priacipls of thi
most importaat decision.
!. Mr.. Pugh says: "When the langaag
Of the English law is copied into GU
Constitution or laws, we take the Ian
guage as judicially interpreted by tn