New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-07-26
LAW AND E.OYALTE a.

What il the legal effect on slave oi his
aster's treason against the United States
]. Every person, slave or free, within the
United States except foreign ministers and
their families) owes alegisuce to ITS Govern
ment. A slave is bound by this obligation as
much a. a freeman. If he doe. an act which
would be treason il done by free man, it will
be treason in him. Neither bis masters ordrrs
nor the State law excuses hm. for bis ale
glance to the United States is paramount to
the authority q the master or of the State.
.. IL is n familiar principle of law that any
ODE who knowingly receives traitor, or giyes
aid and comfort to a traitor, becomes thereby
n traitor-guiliy Of tine same treason a. the
person he receives o. aids. 4 Rebel Is
traitor. The law, therefore, prohibits any one
from knowingly receiving him, or giving him
aid or comfort. To do so is to commit tie
highe,t crime known to the law.
Ii prohibits any ones even conceGlng the
treason of another. He is bound TO disclose
1t to magistrate forthwith.
And from there md other wel-sc'tled prin-
"
every one who knows of treason to apprehend
tho traitor if he can, and deliver him to JUS
tee.
3. The slave Of Rebel, therefore, cannot
Ia aiuli, receive his master, or give him ald or
comfort but is bound to apprehend him, or ut
least TO inform against BIN before a magis-
tT.te. He cannot work for hun nor serve ham.
for this would be receiving him Of giving him
aid aud comfort. Every act imposed on him
by State law becomes ihstantcr unlawful by the
supreme law Of the land.
A subject cannot even pay debt 10 an
alien enemy during the war; toriiori, he can
not earn money for q traitor. The disability
Of an alien il indeed only temporary, because
the law contempaes the restoration Of peace;
bot an act Of treason, and the penalties and
disabilities thereby incurred, are, III legal e-,I-
nation, permanent aud irreyersible. 1t il not
merely while he il in actual rebellion that oil
persons are forbidden to receive, or aid, or
comfort him. TIE legal prohibition to do this
is perpetual.
The slave, therefore, can nerer legally re-
celye or aid anu comfort his master, aad the
terminated by the masters treason, being in-
compatible with the paramount law of the
land. Tue Law does not permit hlm 10 serve
his master; If condemns hIm 10 death il he
do 80. OF course, therefore, he must be- free
by mere operation Of law. BY law para
mount 10 all State laws establishing or reeula.
ting the relation of master aud slave, he ceases
to be tho slave Of his master, aud, As he il the
slave oi no one else he becomes free man.
The crime Of RECEIVING or giving and aud
comfort 20 traitor exists Only whore the
party receiving or glVng aid and comfort
knows, or has reason 10 believe that The other
person il "a traitor To constitute the crime
there ore, two facts must concur: first. tue
person received or aided uust in fact be- IA
traitor; Secoadiy, the other person must know,
or base reason 10 believe, that he is a traitor.
But IL IL rot necessary that he should have
been convicted, or even spprrhrnded. The
slayo OF one in open rebellion becomes hgGiy
tree, therefore, by bis masters act, whether
tai, master be- apprehrnded and convicted or
not; whether his masters treason succeed or
fail; whether the slave make HIS escape or
continue held 10 service.
Ia contemplation of law, according to the
course Of decisions III every Southern State,
tue slave has no power OF yoll'lon on an!
point affecting his relations to his owner He
mas no right capacity even to elect whether
10 shall receive his freedom or not, where such
right of election is sought to be given HIM b.,
the will Of his proprietor lie has no function