The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1863-05-28

sal confidence of our own. Based substan-
tally upon the Democratic idea, Of the
right of the people to govern themselves,
and relying upon written fundamental law
to bind together the people of numerous
States, with varied interests, it was conf.
dentially predicted that its duration would
be short and its end inglorious. Three
quarters of a century of prosperity, ofgrowth,
Of addition ofterritory and-population, of in.
crease oil wealth and power unparalleled in
the history of auy other nation had taught
us to laugh at these predictions. The in
creating love and devotion of the peopl to
their Government, and the pride with which
they cherished the common glory ofthe ma
ton, has led US to believe that its destruc-
ton by their own act, or that of any consid-
cradle portion of them was scarcely to be
dreamed Of We had fondly hoped that the
principal obedience 70 the laws, which equal
Iy with the love of liberty has characterized
in al ages, the people cf the. Anglo.Saxon,
race, would safely carry us through all the
trials to which our form of government
might be subjected. 90
Recent events which constitute promi-
nent part of the worlds history, have taught
us that our feeling of security was not well
founded. The present wicked and cause
less rebellion, tells US plainly that the pas.
sions and thirst for power of ambitious men
may in this country and in this age, as It
has in other countries and other times,
prove to powerful for the memories past, and
he hopes Of the future as they are bound.
up in our present Constitutional Govern
ment. 1t has also taught Us the value, nay
the absolute necessity, of obedience to the
laws.
Treason against the United states consists
only in levying war against them, or IN adj
herring to their enemies, Civ ing them
aid and comfort To constitute the crime
That is something more than mere express
ions of thought or opinion. Some act must
be performed towards carrying the trcasona-
BILE purpose into execution. And before
conviction can take place this act must be
proved by two witnesses. There can be no
doubt that all those now or heartofore en-
gagged in the rebellion, are guilty of treason
and that their lives are forfeited to the law,
but I am happy in The. opinion that no actu-
al treason has been committed in Iowa. If,
however, your researches should unfortu-
nately prove the contrary, twill be your
duty to bring the fact before the
court
Tn reference to the probability of violations
ofasother law Of analogous character, fear
am not justified in entertaining an opin.
ion so agreeable.
Very soon after the rebellion broke out,
the Congress of the Union, finding that the
Nation was engaged in a struggle which seri-
opsly threatened its existence, passed law
concerning conspirators. By this statute it
is provided, that when two or more persons
shall conspire or confederate together, for
the purpose of destroying or overthrowing
the Government ofthe United States, or for
chilly resisting the execution of it's laws, or
any officer of the Government in the lawful
exercise of his authority, they shall be gull
ty of a conspiracy, and punished by fine and
Imprisonment. You will observe in the con-
struction if this law that it requires two or
more persons to agree upon concer ted
course, - but does not require that the .ac-
ton itself should take effect as in the case
of treason It is sufficient il the agreement
is made, or the resolution taken to act in
concert, for any of the purposes mentioned
in the act You will observe that it relates
to the purpose of fotcible resistance to the
laws, and that the conjoint formation of this
purpose, by two or more persons, constitutes
the crime.
The right of the citizen to discuss, and by
peaceable means 20 endeavor to procure the
repeal or modification of an obnoxious law
or the change by legal means of an officer
Of the Government for one more satisfactory
70 uuQuCSliVuoOlcs vi Tic OIucT II duu Lug
duty of obedience to the law while force
and of submission to those in authority so
long as that authority exists, is equally
clear and ifpossible more essential to the
public safety. No Government can, even
IN time of peace long tolerate violation of
its laws without rapidly tending to decay.
Much less can it in time of war, war which
threatens its own dissolution, permit those
who are receiving its protection to consplre
for its overthrow.
Those who are loudest in their complaints
against the government at the present time,
profess to be peculiar champions of the lay
and the Constitution. They surely should
unite with us in the effort to enforce vigor-
ously in this hour of our national calamity,
the laws which are made for the security of
all, and for the preservation Of the govern.
ment in which all are so vitality interest
ed.
Satisfied that you, gentleman, aided by
the counsel of the able District Attorney,
will do your duty in the premises, l commit
these matters to your Charge.
The sooner d. A. Mahonev's friends
look after him the better. Since the pub