M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1862-12-04

ted States-NO Such Thing as Treason.
able WOrds-"he Old Sedition Law not
in FOrce-A Learned and Able ExpOsi.
ton from Judge Nelson, Of New York
Judge Nelson has delivered the
following charge to the Grand Jury
on the subject Of treason:
The unhappy condition of the coun-
try, arising out of the unnatural strug.
gle Of portion of the Union to over
throw their Government, has created
now relations among, and has impos-
cd new duties upon the citizens, which
have brought into operation crimes
and guilt, that, to the great credit OF
the country, have heretofore been rare,
Indeed | may say, almost unknown to
her laws and judicial tribunals, re-
fer 10 the crime Of treason against the
United States. Although no case of
'hrs description ha, been presented by
the DiAt ct Attorney to be speedily
submitted to you, it may not be ont OF
place IL call your attention, in g'n
cral way, TO the elements constituting
this otf.nse. It is the highest crime
known to society, and vas decrnod by
the founders OF your Government of
such Importance, both in respect t.
the Government and the citizens, thar
taey have specially defined it in the
Constitution, thus taking it our Of the
power OF the legislative regulations
The definition is found in the third
section Of the third Article, as follows:
" Treason against the United States
shall consist only in levying war
against theml Or in adhoring to their
enemies, giving them aid and com
iiorr. No person shall be convicted i
treason unless on ID lie testimony oftwo
wlthN'o~.es to tue same overt act, or. on
confession, in open Court" The
er to annex the punishment was left to
Congress, which annexed the penalty
Of death.
i This definition OF the crime was ia
ken from the statute Of 25 Edward Ill,
Of England, und which has been Tor
several years affirmed for the purpose
OF correcting abuse that has grown up
10 that country in respect to the law,
both by acts of Parliament and the
decision of Courts, under the tyrani
cal reigns Of the TudOrs and the Stu.
arts. These abuses were we'll known
to the founders of our Govern nent
and doubtless led to the peculiar
phraseologY observable in their defn
itions of the crime, namely, that il
should consist only in levying war
against the United States or adhering
to their enemies, giving them aid and
comfort; and to the other equally strin
gent feature, that no person shall bu
convicted OF the Ofanse except on the
testimony Of two witnesses to the
same overt act. The first prohibits
making any other acts OF the citizens
than thUse specified, treason; and the
second preV-nts the Introduction Of
constructive treason, wIllch has been
engralte0 upon TINS sIaluLe u Luwaru
LII, by judicial decisions.
Under the first clause of the provi.
sion--levying wa against the United
Sales.--future can be no great Difficult
ty IN determining the facts and cir
cumstances which establish The crimU.
There must be an actual levyng ol
war; consultation, or conspiracy to
do 50, is not an overt act within the
constitutional definitions.
There is more difficulty in detern-
iniug what constitutes the overt act
under the second clause, namely, ad
herring to the enomY, giving him aid
aud comfort. Questions arising un
der this clause must depend very much
upon the facts and circumstances Of
eaci particular case. There are some
acts Of :he citizen in his relations
with the enemy which leaves no room
for doubt-such as giving intelligence
with intent to aid him in his Gets Of
notwithstanding him provisions, or
money; furnishing arms, or troops, or
munitions of war; surrendering mil.
itary post, &C., ali with like inten
tion. These and kindred facts are
overt acts Of treason by adhering to
the enomy.
Words oral, written or printed,
however reasonable, seditious or Grim
inal OF themselves, constitute no overt
act of treason within the definition OF
the crime.
When spoken, written or printed in
relation 10 an act or acts, which, il
committed with reasonable design,
might constitute such over! act, they
are admissible as evidence tending to
characterize it, and show the intent
with which the act is committed.
They may also furnish some evil
dence of the act itself against the &C
cused. This is the extent 10 which
such publications may be used, either
in Hndiny q hill NJ indiot,naoi