M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1863-06-11
strument. What is treasonl 1t is


the most execrable crime known to
the human heart the crime Of Lae8ae
mqjestGtis, OF the parrcide who lifts
his hand against the country Of his
birth VI his adoption. "Treason
against the United States," says the
Constitution, "shall consist ONLY in
levying war against them, or in ad-
herring to their enemies, giving them
aid and comfort" But was Lord
Chatham guilty of legal reasonable
aid ami comfort, when he denounced
the war against the coouies, and re.
jOiced that America had resisted i--
Was Burke, or Fox, or Barre guilty,
when defending the Americans in
the British Parliament, and demand.
Cancellation and peace Were even
the Federalists guilty of treason, as
defined in the Constitution Tor "giv.
ing aid and comfort" to the enemy in
the war Of 1922 Were the Wings
I in 18462 Was the the Ohio Senator
liable 10 punishment, under the Con
stltutlon, and by Jaw, who said sixteen
years ago, in the Senate Chamber,
\ when we were at war with Mexico,
l"lf wero a Mexican as | am a Alneri
can. | would greet your volunteers
/. with with bloody hands, and welcome
Them to hospitable graves 2" Was
A braham Lincoln guilty, because he
4, denounced that same war, while n
! Representative on the floor OF this
| House 7 Was all this "adhering to
the enemy, giving them aid and com
fort" within the meaning Of this pro
vision Z
i But to return the Constitution not
only defines the crime OF treason, but
IN its jealous care to guard against
the abuses Of tyrannic power, it ex
pressly ascertains the character OF the
4 proof, and the number Of witnesses
tor conviction. and limits the punish
ment to the person of the offender
thus gong beyond both the statute OF
Edward, and the common law. And
yet every one of these provisic MS is
! Ignored or violated by this bill.
"No person.
Says the Constitution
"shall be convicted of treason"--
As defined
"unleSs on the testimony of two witnesses
Where, and by whom, sir, are two
witnesses to be examined, and under
!, what oath . BY your provost mar,
shals, your captains OF cavalry2 BY
the jailors OF your military basties,
and inside O. Forts Warren LsFayette3
Before arrest, upon arrest, while in
prison3 Has any witnesses ever been
examined in any case heretofore 2
What means the Constitution by de
clarins that no person shall be con
Victed of treason "unless on the tes
tinOny of t,UO aoitnesSeS?" Clearly
conviction in a judicial court, npon
testimony openly given under oath,
with all the sanctions and safeguards
of a judicial trial by the party ac-
cused. And if any doubt there could
be upon this point, it is removed by
the sixth article OF the amendments.
But the Consultation proceeds:
"Unless OIL the testimony OF two witness
ses to the same overt act"
But words, and still less, thoughts
and opinions sir, are not acts; and
yet nearly every case of arbitrary ar.
rest and imprisonment, in the wholly
loyal States, at least, has been for
words spoken Or written, or for thou.
ghts or opinions supposed to be
entertained by tho party arrested. -
And that, too, sir, is precisely what is
intended by this bill,
But further:
"The testimony Of two witnesses 10 the
same oyergact or confession in open court"
What court ! The court of some
deputy provost marshal at home, or
Of your Provost Marshal General or
Judge Advocate General in Wash,
lngton ? The court of military bas
tile, whose gates are shut night and
day against every officer of the law,
and whose very casemates are closed
to the light and air of heaven Cal
you that "open court 7" Not so the
Constitution. 1t means judicial court,
law court, with judge an jury and
Witnesses aud counsel and to speak
Of it as anything else is a confusion ol
language, and an insultto intelligence
and common sense. Yet, to night,
you deliberately propose to enact the
illegal and unconstitutional executive
orders. or proclamations OF last sum.
mer, into the semblance and form OF
law. ..
ITO inquire into reasonable prac,
tices," says the bill. So, then, you,
!, Provost Marshals are to be deputy
spies to the grand spy, holding his
secret inquistiohs here in Washing.
ton, upon secret reports, sent 10y tele.
graph, perhaps, or through the mails.