Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1863-05-22

ssh 8. TaoNAs Huozss, johnson
icsh " si:u:! Mss:I., dayton i"
18th " TO. AcC Ii, Story
Davenport, Feb. IL, 1868.
Technicalities !-Treason!
The copperheads, alias tories, of the loyal
States are exceedingly technical. They dis
like being called traitors. They deny the
soft impeachment when made, and appeal to
the legal definition of treason by way ofavoid-
ance. They assert that the essence of the
crime Of treason is the overt act-that never
having done such they are guiltless. Now
we have never applied the term traitor to
peaceable citizens of the North, in legal
sense We believe there are very few per-
sons among US who ever committed this damn
ing crime. But we do not propose to ignore
the existence Of a moral treason, that in its
effects upon grand results is as deep and in
famous as violations of well established law.
To give aid and comfort to the enemies of the
Government-morala aid and comfort, if moral
ity were possible in treason-is to be guilty
Of treason in the sense we speak. If our en-
emies denounce and war against the Govern
ment, and we denounce and war against it,
even with different weapons,we give strength,
aid and comfort to the foe. But then we will
not be too technical. Our very loyal friend
down the Avenue has found breastwork in
the recent charge Of Judge Miller, Of the U.
8. Supreme Court, to the Grand Jury at Des-
MONIES, and has thrown himself behind it, to
carry on defensive war. He quotes with
much satisfaction Judge Ms opinion that no
actual treaso has been committed in Iowa.
Now if that Grand Jury should find bills
against divers persons in this State, Judge
N. would be mistaken in his opinion. But
will the Courier man note that the opinion
is that no ACTUAL (emphasizeO treason has
been committed? Is here not an implication
that there may be treason beyond their juris-
dictionf Lest, however, the loyal editor
and his followers should relapse into state
of Inconsistencies as to the position they &C.
cupy, we call their attention to the follow
ing extract from that charge, unpublished by
the Courier:
Very soon after the rebellion broke out
the Congress of the Union finding that the
Nation was engaged IN a struggle which seri-
ously threatened its existence, passed law
concerning conspiracies. By this statute it
provided, that when two or more persons
shall! conspire or confederate together, for the
purpose of destroying or overthrowing the
government of the United States, or forcibly
resisting the execution of its laws, or any Of
fcer of the government in the lawful exercise
of his authority, they shall be guilty of
conspiracy, and punished by fine and impris-
onment. You will observe in the construc-
ton of this law that it requires two or more
persons to agree upon q concerted course of
action, but does not require that the action
itself should take effect as in the case of
treason. It is sufficient if the agreement is
made, or the resolution taken to act in con-
cert, for any of the Purposes mentioned in
the act. You will observe that it relates to
the purpose of forcible resistance to the laws,
and that the conjoint formation of this pur-
pose, by two or more persons, constitutes the
crime.
, We have time after time shown that an
armistice or cessation of hostilities would be
the destruction Of this government, by d.
vision of Its territory and people. When,
therefore, two or more persons in the name
Of the Democratic party, or otherwise insist
upon an armistice, we submit whether they
do not conspire together to destroy the Gov
eminent of the United States, to overthrow
the laws and the authority of the Govern
ment, because without authority no Govern
ment can exist. The tory press of the North,
including the Courier. has advocated resist
ance to that authority-are they not guilty Of
conspiracy? Judge Miller says that to con-
spire and confederate together to forcibly
resist the execution of the laws, Or ANY
OFFICER of the Government in the LAWFUL
EXERCISE of his authority, is guilty of con-
spiracy. They need not act, but let two
persons agree upon concerted course of
action.
The Dubuque Herald and the Muscatine
Courier have advocated the forcible rescue of
Vallandigham from the hands Of the legally
constituted authorities, they have advocated
resistance to the enforcement Of the conscrip-
ton act They have advised resistance to
officers of the Government who shall attempt
the arrest of citizens except on civil process.
To these ends Mahony, layer, Dean and
Byington have conspired and confederated to-
gether. Are they not guilty Of conspiracy
And is conspirator against the Government
very much superior to traitor? We do not
wish to be too technical, but if the Courier
editor prefers the name Of conspirator, he has
our consent.
twill be noticed that the Judge expresses
no doubt as to the existence Of conspiracies
in Iowa. tl1
An EXCELLENT SUGGEsrIoN.-"If General
Fremont, or any other General, is not wanted
in the service, or will not do the work for
which he is wanted, muster him out and stop
his pay"
This is an idea of the New York Tribune,
and we endorse it. Let US have no more SER
wants than are necessary, and when we are
tired of them, dispense with their services
paying for work done, and when work is not |
done, giving no pay l.
THRx OF SERVICE OF MEN TO BE DRAFTED.-l
In the eleventh section, of the act approved
March I'd, 1858, it is ordered that al persons
enrolled under the act shall be subject for
two years to be called int the military SER
,;cs Of the United States " and to continue
{. ..ysies during tie present rebsllSoS, not