Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-05-13

Cour. TO say, that no individual can be guilty of
this crime, who has not appeared in arms against
his country. On the contrary, il war be actually
levied-that is, if a body of men be s~ctually
assembled for the purpose Of effecting by force. a
reasonable purpose-all those who perform any
part, however minute, or however remote from
the scene of action, and who are actually leagued
IN the general conspiracy. are TO be considered as
traitors. Bat there must be an actual assembling
OF men for the reasonable purpose to constitute
a levying of war; "Adhering to their enemies,
giving them aid and comfort" has an obvious
meaning, although no settled judicial consiruc-
ton has been given TO it by our courts. When
war exists, to furnish our enemies with provi
sions, or military supplies; to send them arms,
money, or ammunition; TO enlist men for them;
to give them Information of the number and po-
sition OF our forces. or plan of campaign; or to do
any other aci, the intent and effect of which is to
enable the enemies of the United States 10 pre-
vail against them, is treason.
In order to convict of treason, unlike the
proof in other crimes, two witnesses are essential
who testify TO the same overt act, or confession
must be made in open court. ANY one who is
familiar with the trials for treason in other coun-
tries, and the weak and inconclusive character of
the testimony on which convictions are had. can
appreciate the importance of this constitutional
provision. Bearing in mind that there are two
necessary elements in this ~offense, the reasonable
intention and the overt act. you will, / trust, have
no difficulty in arriving at a correct conclusion
should any case involving the crime of treason
come before you.
Misprison for treason sis the bare knowledge
and concealment of treason without asserting to
it." Whoever knows that treason has been CON-
mitted. and does not disclose the fact to the
executive or judicial authorities of the State or
Nation, is punishable by fine and Imprisonment.
The offon. a IL n oar;onS oua aDd IS e ox,,.s :,
this State, should receive your consideration.
In all cases you will apply the law as you find
it. without any discussion as to its necessity or
policy-realizing that the rights of person and
property are only permanently preserved, by ad.
hereing to all the requirements of law. Having
indicated to you the general principles applicable
to certain crimes, | respectfully refer YOU to the
District Attorney, for whatever may be wanting in
detail.
In times of great political danger, we are apt
to overlook ~Offenses which ordinarily arrest the
attention. 1t is just as necessary now, AS it ever
was, that you should diligently inquire into all
criminal violations Of United StateslaSs, if com
mitted in this State. Ordinary criminals do not
cease their depredations because a state of war
exists.
The oath, gentlemen, which you have Just ia
ken, is broad and comprehensive in its character,
and indicates clearly the judicial impartiality and
muepenuence WHICH snOulu govern you, anu 1 reel
sure, that your Investigations will be conducted,
so AS to detect and punish crime. and preserve the
majesty of the law. Do not seek to redress Dri-
vate injuries in the Grand Jury room, aud present
no one for trial. unless you are satisfied that the
evidence upon which you base your p%resentment
is true, and if true. that unanswered, il is enough
to convict. Bear in mind, that the certainty of
punishment deters from the commission of crime,
more than all other agencies combined. Do not
let your compassion for individuals, lessen your
adherence of the crime. Justice TO society re
quires, that whoever has %wilfully violated the law
shall be punished, Mercy is misplaced when it
screens the %wilfully guilty. At the same time,
you should be careful to indict no one, on sus-
picion, through prejudice. or hastily. Patience is
Il virtue much needed in a Grand Jury room.
Many witnesses are brought before you unwilling
ly. and testify reluctantly. Instruct them, as to
their duty and your power. and by a patient ex-
animation, you will ultimately reach the truth.
Do not disclose to any one. while YOU are in ses-
sion, or after YOU adjourn, what has transpired in
the jury room. 1t is sometimes done, and the
practice is a perniciOus one.
You perform, gentlemen, an important part in
the administration of public justice, for without
your aid and cooperation, crime can not be pun
ished.
/ feel confident that you will discharge the i'm
portant trust confded to you. so AS to satisfy your
selves, the public mind, and the Court.