M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1863-06-11
TUE LAW AND THE TESTIMONY.
THE CONSTITUTION ON TREASON
SIP ECH
lion, GLEN. /, VALLANDIGHAN,
Dslivsrsd in The House of Representative
February 23d, 1868. a..

DettVmed W Wc mouse OF hCpreSEntdttUcS
February 23d, 1863. ...
There are many persons who, i'm.
PEELED by party spirit, and wrongly
informed as to tue facts denounce Mr.,
VALLAEDIGHAM as a Traitor. We
ask all such persons to read the fol,
lowing extract from one of his a5lest
Speeches. They will therein learn
where he gets his authority for bis
doctrines. Eri 1a'T
TREAsoNABLE PRACTICES. What
meahyou by these strange. oInnious
words ? Whence come they 7 Sir,
they are no more new and original
than any other of the cast off rags
filched by this Administration from
the lumber house OF other and more
antiquated despotisms, The history
of European tyranny has taught US
somewhat Of this doctrine of construc.
tive treason. Treasonable practices |
Sir, the very language is borrowed
from the old prOc!amations of the
British monarchs some hundreds Of
years ago. 1t brings up the old, iden.
tlcaI quarrel Of the fourteenth century.
Treasonable practices 1t was this
that called forth that English act OF
Parliament of twenty.ti fifth Edward
Ill, from which we have borrowed the
noble provision against constructive
treason in the Constitution of the
United States: Arbitrary arrests for
no crime known, defined or limited by
law, but tor pretended offences, ,herded
together under the general and most
comprehensive name OIL Unreasonable
practices," had been 80 frequent in the
worst periods OF English history that,
in the language Of the act OF Henry
~, "no man knew how to behave
himself or what TO do or say for doubt
Of the pains OF treason" The statute
OF Edward Ill had cut all these fun.
gus, toadstool treasons up by the root;
and yet, 80 prompt is arbitrary power
to denounce all opposition to il as
troasonabie, 'h4., - nord Iale Oh.
serves
"Things wcra so ,nrried By parties and
fs"iion3 IN the SUI. sding reign OF Richard
II, that this statute Nnf nW tile observed
but as this or that party got lie better. SO
the crime Of high treason was, in manner,
arbitrarily imposed and adjudged to the dis
advantage OF the party which was to be
Judged which, by various vicissitudes and
revolutions. mischieied all parties first and
last, and left dread unsettedness and un-
quietness in the minds of the people, and
was one OF the occasions OF the unhappiness
Of the king
And he adds that
1T came to pass that almost every offense
that was or seemed to be breach of the
faith and allegiance due to the king was, BY
construction, consequence and interpreta-
tion, raised into the ofense OF high treason
Richard Ii procured an act Of Par
liament-eyen he did not pretend to
power TO do it by proclamation-de
claring that the bare purpose to
depose !be king and place another in
his stead, without any overact, was
treason: and yet, as Blackstone re.
marks, 80 little effect have overviolent
laws to prevent crime, that within
two years afterwards this very prince
was both deposed and put to death.
Still the struggle for arbitrary and
despotc power continued and up to
the time OF Charles |, at various pc.
riods, almost every conceivable offence
relating to the government, and every
form of opposition to the king, was
declared high treason. Among these
were execrations against the king
calling him opprobrious pames by
public writing; refusing to adjure the
Pope; marrying, without license,
certain Of the kings lear relatives
derogating from his royal style or
Title; inpungIng MS supremacy; or
assembling flotously to the number Of
twelve, and refusing to disperse on
proclamation. But steadily, in better
times the people and the Parliament
Of England returned to the spirit and
letter of the act OF Edward III, passed
| by a Parliament which now, for five
hundred years, has been known and
honored as ParIiamentum bene
dictun1, the "blessed Parliament
| just as this Congress will be known,
for ayes TO come, as ''the accursed
Congtess"-ard among many other
acte, it was declared by a statute, in
the fourth year Of the fourth Henry's
reign, that "in no time to come any
treason be Judged, otherwise than as
ordained by the statute OF King Ed
ward ILL.," And Tor nearly two hun.
dred years, II has been the aim OF the
lawyers and judges Of England to
adharo tn tho ,,lnin lpttar sririt and