The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-07-10
NO n

CONSTITUTION, or OF q public stAtite, or
toreibly TO subvert The government Of tha
United States; or by force 60 procurs
the repeal or alteration Of the Ceps,itn.
ton or laws, IL accompanied or followed
by an act Of foroible opposition in mr.
suance Of such combination. Tins IL
will be observed that the term "levving
war includes within it tlco essentiaiel eles
ments which are indispensable in The
constitution OF tue offence of treason. A
combination or conspiracy TO effect by
force a reasonable purpose must first ex.
.isb and then some actual force must be
exerted towards the accomplishment of
that purpose, or the crime Of treason is
not consummated.
To constitute the crime under The con-
stitudonal limitation of It. therefore. war
must be actually levied against the United
States. For "however flagiiious may be
the crime of conspiracy to subyert by
force the government ofour country; such
conspiracy is not treason" "To eonspirs
to levy war and actually to levy war, are
distinct offences"
Whenever war against the United
States, by those owing allegiance thereto,
is raised, created, made or carried on, or
when, during a war, they adhere TO the
enemy, giving him aid and comfort, the
crime of treason is committed. The
"levying of war" is either direct or con-
structive 1t is direct when the war ia
levied directly against the government
with the intent TO subvert or overthrow
it; such, for instance, as holding any of
the government forts, ships, or arsenals.
or attacking the same, or delivering them
up TO rebels through treachery. And il
is constructive, where it is levied for the
purpose ofproducing changes of public
and general nature by an armed force rs,
for the purpose of attempting by force to
obtain the repeal of a statute. or TO COM
pei the resignation of public officer, or
the like. If body of men conspire, and
mediate an instruction, TO resist or op-
pose the execution Of any statute of the
United States by force, they are only
guilty OF high misdemeanor but If
they proceed to carry such an intention
into execution by force, they are then
guilty of treason by Ievying war.
We have seen that actual force is an in
dispensable element in the composition
of the crime of treason; or, in other
. words, that TO constitute the offence war
must be actually levied against the
United States. It becomes important
then to inquire into the true import of
the terms "levying war" as. the same are
employed by the Constitution in defining
this ollence-lhat is, what il takes 10
constitute the fact of levying war.
WHAT CONSTITUTES LEvYNd WAR.
tits said not TO be necessary that actual
fighting shall have occurred, or hostili-
ties commenced by engaging the militia
ry force Of the United States, or that
measures Of violence against the govern
ment shall have been Carried into execu-
ZION. But levying war is fact in the
constitution, Of which force is an indis-
pensable ingredient.
"To constitute an actual levy of war
there must be an assembly of persons
met for = reasonable purpose, and some
oUe1t act done, or some attempt made bv
them, with force, TO execute, or towards
executing that purpose. There must bo
a present intention to proceed in the ox.
ecution Of the reasonable purpose by
force. The assembly must n0iO be in a
condition TO use il, if necessary, TO fur
ther, or TO aid, or to accomplish their
reasonable design. IL the assembly is
arrayed in a military manner, for the
express purpose of overawing or intimi-
dating the public, and TO attempt 10
carry into effect the trea liable design,
that will of itself amouns 70 q levy of
war although no actual blow has been
struck, or engagement taken place"
"Apy combination TO subvert by force
-the Government of the United States,
violently to dismember the Union, 10
compel change in the administration,
TO coerce the repeal or adoption Of gem
eral law, is a conspiracy 10 levy war; and
il the conspiracy be carried into effect
by the actual employment OF force, by
the embodying and assembling OF men
Gin force) for the purpose Of executing
the reasonable design which was pre-
viously conceived, it amounts TO levying
Of war"
1t must not be supposed from what has
been stated, that no one can be guilty of
this crime who has not in fact appeared
in arms against his country On the
contrary, il war be actually levied, that
is If body Of men bo actually as.
sembled for the purpose Of etiecting by
force o 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, arc 10 be considered
as traitors. But this does not apply to
a person who adVisey or pTocncs an as
] 4 Il. a. Hll.
advising certainly, and perhaps tho pro-
curing, Is more in the nature Of a con-
spiracy to levy war, than OF the actual
levying Of war. To mako 8 person
guilty Of the crime who has not been
present aiding aud abetting snch trea-
sonablo aasemblage, or appeared in arms
against his country, " IL is not enough 10
be leagued in the general conspiracy,
and that war be levied, but il Is also ne
cessary - perform a part; that part 10
the act Of leyying war. This part, IL is
true, may be minute IL may not bo the
| actual appearance In arms, and ID may
| be remote from tho scene of action, that
| is, from the place where the army il as o.
sembled; but 10 must be part, and that
part must be performed by person who
is leagued in the conspiracy. This part
however minute or remote, constitutes the
overt act on which alone the person who
| performs IL can be convicted
Where war 10 actually levied, not
only those who bear arms, bat those also
who are leagued in the conspiracy and
who perform the various distinct parts
which are necessary for the prosecution
Of wars, do In the sense Of tho Consti-
tuition levy war" Thus q commissary,
/ although he NAV be at q distance from