Juliet signal. [volume] (Juliet [i.e. Joliet], Ill.) 1844-1???, 1862-12-23
Legal Definition orTreason.

Legal Definition ofTreason.
Judge Nelsoo. Of the suprems Court Of
the United States, in his charge to the
Grand Jury, delivered the following able
and learned exposition of the Law on the
subject Of treason
The uohappy condition of the country.
arising out Of the unnatural struggle of
pktion Of the Union to overthrow this
Government, has created new relations
among, and has imposed new duties upon
the citizens, which have brought into ope-
ration crimes aud guilt, that TO the credit
of the country, ihaye heretofore been rare,
indeed, ! nay say, almost unknown to her
laws and additional tribuuals.
refer 10 the crime Of treason against
the United States. Although no case Of
this description has been presented BY the
District Attorney to be specially submitted
TO you, il may not be cut of place to call
your attention, iD general way, to the el-
emeats constituting this offense.
IL is the highest crime known 10 society.
aud was deemed by the founders of your
Zoyer7nspt Of such importance. both 10 re-
= :, ~, ~ 1s,.,i' = z dc. .itieeacs
that they hayo speciality deEued ii ia the
Constitution, thus taking it out of the
power of the legislative regulations. The
definition is found in the third Article. as
follows:
Treason against the United States shall
consist only in levying war against them,
or IN adhering to their enemies, giving
them aid and comfort. No person shall be
convicted OF treason unless on the testimo-
ny ct two witnesses to the same overt act,
or on confession in open court"
The poSor to annex the punishment
was left to Congress, which annexed the
penalty of death.
This definition Of the crime was taken
from the statute Of %, Edward III, of
England and which has been for several
years affirmed for the purpose Of correcting
abuse that had grown up in that country
in respect tc the law. both by acfs Of Par
lament aad the decision of courts, under
the tyrGuDicai reign of TudOrs and the
S,uarts. Those abuVes were we'll known
to the founders of our government, and
doubtless led to tie peculiar praseolcgY ob.
seryable in their definitions Of the crime,
namely, that it should consist only levyinC
war against the United States or adhering
to their enemies, giving them aid and com
fort; and to the other equal stringent fear
tare, that no person shall DO convicted OF
the ofensa except on tho testimony Js two
witnesses to the same overt act. The FIRST
prohibits making any other acts than taose
specified, treason ; and the second prevents
the introduction Of constructive treason,
which has been engrafted upon this
statute Of Edward III, by Judicial deci.
sions.
Under the first clause # the provision
levying war against the United Stat, there
can be 20 great difficulty in determining
the facts and circumstances which estab-
lish the crime.
There must be On actual leyying of war ;
q consultation or conspiracy 70 do so, is not
an overt act within the constitutional def
nitiOns.
There is more difficulty in determining
| what constitutes an overt act under the
second clause. namely, adhering to the
enemy, giving aid aud comfort Questions
arising under this clause must depend very
much upon the facts and circumstances Of
/ each particular case. There are some acts
| OF the citizen in bis relations with the en-
emy which have room for doubt-such as
/ giving Intelligence with intent to and him
in his acts of notwithstanding him pro-
Visions or money, furnishing arms, OF
tfo}ps, or munitions Of war-surrendering
military post, &C., all with like inteG-
tloo. Those and kindred acts are overt
acts OF treason by adheriug to the enemy
Words, ORAL, written Or printed, however
! treasonsble, sediti0us or criminal of them
selves, constitute no overt act of treason
within the definition of crime.
When spoken, written or printed in re-
lation to an act or acts, which, if commit
ted with reasonable design, might con
stitute such overt act, they are admissible,
as evidence tending to characterize it, ant
show the intend with which the act is com
nitred.
They may also furnish some evidence 0
the act itself against the accused. This il
the extent to which such publications. ma,
be used, either IN finding a bill Of iudics-
ment or on the trial Of it.
AN attempt WIS made in the parliamen
of England, during the reign Of James III
to make reasonable words the subject O
this crime, but it was resisted by tn
friends Of constitutional liberty and de(ea,
ed and since that time il has not been re
newed.
Such publications and misdemeanoTs q
the common law are indictable and pun
ishable by fine and imprisonment. But a
there are no common law officers cogniza
bic in the Federal Courts, unless made s
by acts Of Congress, and as Congress ha
passed no act upon the subject, this Cour
has no jurisdiction over them.
The only act passed By Congress on tn
subject was the act Of July IA, 1898. Tn
second section of that act provided, that
any person shall write, print, utter, o
publish any false, scapdalous and mall
cious writing against the Government q
either House of Goa gress, or of the Presi
dent, with the intent to defame :he Gov
ernment, Congress. or the President. or I
bring either of them into contempt or dis
repute, or to exite against them the hatret
or the sedition of the people of the Unite,
States, or TO stir up the same, or to excit
unlawful combinations therein for orpos
ing or resisting any law, or any act of th
President done In pursuance thereof. &c
such person, on conviction, shall be puu
ished by tine not exceeding $1,000. au
an imprisonment not exceeding thre
years.
This act was q temporary one, and ex
pired on the Sd Of March, 1902, by lis owr
limitation. and no similar act has sine
been passed.
IRoNCLADs FOR THE REBELs.-The Hal
flax Chronicle of Nov. IS speaks thus def
nitely, and apparently reliably. in regar
to the construction Of irOn-clads for Ii
rebels in England