Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1862-05-10

lent their hate, and have grumbled because
Gen. Fremont did not clear all the guerilla
bands out of his department In = week, viii
soon have cause to congratulate him upon
bis activity and success.
Judge sWuyue's Deoialon--What OOnHti-
tutes TFeason.
The telegraph reported the decision Of
Judge sWayne Of the Supreme Oolrtin the
case Of james B. OhsnOEsth, Of Cincinnati,
charged with furnishing arms to the rebels
Ths decision In full we publish below. 1t
is a matter Of great interea. and Importance,
As # this decision is to be fnal, then trade
With the rebels, By furnishing then arms,
munitions Of war, provisions or clothing, may
bs carried on indefinitely without a., pro-
vided the offender can bt indicted, if at all,
under the charge Of rpn6sfing ''aid and com
fort' TO the enemy. Inc decision is that
this language, beingtAksn from the old Eng
lish authorities, is to 5s construed according
to English understaE Ing, and that English
authorities have decided that the clause lad
herring to their enemies, giving them aid and
comfort refers only to foreign enemies, and
is not applicable tc domestic rebellion, The
Indictment is therefore quashed, and the de-
fendant discharged. This decision may be
law-ws do not pretend to decide upon its le-
gal Htanding,-but It Is utterly shocking to
our common sense, and contrary to all our
idess Of justice. That those who have thus
aided the rebellion should have the door of
escape thus easily opened to them, will not
be palatable to the loyal people Of the North
who have bad To watch these foes at home
e. well Is fight them in the South.
Judge swayne cuts the definition Of trea'
son down to the one count of levying war
sgainst the United States, but says that the
authorities which establish the construction
specified above also lay down the proposition
that the lame facts which would make out q
csss Of treason If the enemy were foreign
one, when done ia respect Of insurgents
and rebels make the act one of levying war
against the government and may therefore
be punished under the other provision of the
statute. But this viii not eject the escape
Of the prisoners already indicted for giving
the rebels aid and comfort. sa
The following Is the decision in full:
CIRCUIT COURT or THE UNITED STATES, SOUTH
ERE DISTRICT or OHIO.
The United States vs. James ". Ohenoweth
Indictment for Tresson-Hotion 10 Qussh
the Indictment
sWAYHE, Justice indictment con-
tains two counts. As they are Identical, as
regards the question now to be decided, the
FIRST count only win be particularly adyerted
to.
That count charges, substantially, that
there Is in progress an insurrection and war
against the Government of the United States,
by persons styling themselves " the OOnfede-
rate States Of America :" that the defendant,
resiolns -ithin and owing allegiance to the
United States, WVll L-AEino tbs premises.
but not regarding the duty of ms uii---iaiee.
and eonspiring aud intending to aid and as
sist the persons styling themselves as afoTe-
wit: on ths 2Oth day Of June, 1891, and on
divers other days, before and after that day,
at the city Of Cincinnati, in the Southern
District Of Ohio, did trsitorously adhere to
the persons styling themselves Is Aforesaid
then and yet being enemies Of the United
States; and that in prosecution of his traitor
ous adhering aforesaid, be did procure certain
supplies and munitions Of war, to-Nit; 20
Colts navy revolving pistols, 10 hve-inch re-
volving pistols, and 80 pistols, Of one Samuel
Dreyfoos, and from divers other persons IN
known, with intent traitorouslY 20 deliver to
the persons styling themselves as aforesaid
said supplies and munitions of war; and
that, in further prosecution Of his traitorous
adhering aforesaid, be 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
prosecution of their said insurrection and
war against the United States.
The Constitution Of the United States Ar
ticle 8, Section 3, provides that "Treason
against the United States shall consist only
/ in ievyinR war against them, OF in adhering
to their enemies, giving them aid and COM
fort"
The act of Congress of April 30, 1870,
Sec l, is as follows:
off any person or persons owing sllegiance
to the United States Of America shall levy
war against them, or shall adhere to theiI
enemies, giving TO them sid and comfort
within the United States or elsewhere, and
shall be thereof convinced" etc, they 'shal
suffer death"
This Indictment is framed under the sec
ond provision Of this section of the statute
That proTiFion relates exclusively to adher'
ing to tbs enemies of the United States, and
giving them aid and comfort. The prior pro
vision relates to leYying war against the
United States It has no connection viii
the question involved in this motion, and
need not be further sdverted to.
The second provision is q literal transls'
tion-zHfati3 mutaSdis-from the Norman
French, of the provision upon the same sub
iect in the English statute, Of the 26th 3D.
ward the Third: C"0a S0ig sdhsrsat as enc
asiss aOstrs, aigaiOUT Is roy, a Fls5G saz conan
/ ed ct c0RlfaTt en- sou Foial1ss ct Gl0Ts."
In support of the motion to squash, It Il
claimed that the provision in the Englisl
statute, corresponding to the provision in on
s3atuts, upon which this indictments found
ed, has always been held by the EnglisE
courts to apply only to those who sdhert
and give aid and comfort to foreign sassisS
and that It has no application 10 those Wit
commit the like acts in respect of domestil
traitors, engaged in insurrection or rebellion