The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-07-10

forwards men 10 Gil the rebel ranks,
would be alike guilty. And so OF any
other person furnishing money, arms,
ammunition, provisions or supplies, or
otherwise performing any OF the vs.
rious distinct parts which are necessary
for the prosecution Of war; provided,
such person be lesgued ia the genera
conspiracy.
WHAT Constitutes GIVING THH BGEHY
AID n COMFORT.
The same principle ia TO be applied in
containing the phrase ain adhering to-
their enemies, "giving them aid and
comfort," az is adopted In the interpre-
tation of the phrase "%levying war"
They were both taken from the same
English statute, and must equally,
therefore, be understood in the sense
which they bore in that law. "Under
the English statute, every assistance
yielded by q citizen TO the enemies of
the government under which he lives;
unless given from q well-grounded APP
~prehension of immediate death In case Of
a refusal, is high treason within this
: branch Of the statute" In case OF a
freion war, therefore, If citizens of the
United States Join public enemies in acts
Of hostility against this country or de-
liver up its forts, or ships of war to its
enemies through t%reachery, or in cOmbi-
nation with them; or Join the enemies
forces or raise troops for the enemy or
supply them with money, arms, or in
telligence all these are cases of adhering
TO the enemies Of the United States, and
the parties are guilty Of treason under
the Federal Constitution. And, If the
term "enemies," in tho sense In which
the same ia used in the Constitution Of
the United States, is alike applicable to
subjects or ~citizons Of another nation at
war with this country, and to citizens OF
the United States in rebellion against
the authority Of the government, it
would seem that the same acts, the com
mission of which would amount to trea-
son by the import OF the terms lad
herring to their enemies, giving them aid
aud comfort" in case Of a foreign war,
would in like name be treason in those
persons who commit them during a do
nestle war. But in the absence of any
judicial Interpretation of these terms, by
our own courts, l am constrained to the
opinion that the term "enemies," in the
sense in which it is employed in the
Constitution, is, and was intended to be
applicable only TO a nation, or the sub
jects or citizens of n nation at war with
the United States.
We have seen that the expression
"levying war;" as the same has been ex-
pounded by our Supreme Court, includes
and rnabao ~OutIfu ~ Nraaaon 80, L.
actually levied, as well those persons
who perform any part however minute or
however remote from the scene of action,
if they be leagued in the conspiracy,
as those who are actually assembled
in military array for the purpose
of efiecting q reasonable design. And
upon this Interpretation given TO the term
"levying war" il is manifest, that any
person leagued in a conspiracy to levy
war against the United States, and who
performs any of those acts which have
been enumerated as instances of adhe-
renee TO the enemy, giving him aid and
comfort, will be guilty Of the crime Of
treason.
Then wherefore, il may be asked,
make similar acts amount TO treason
when they are performed by a person,
who is not q party to the unlawful com
bination, or leagued with the conspira-
tors?
II could not have been intended by
the trainers of the Constitution, that one
citizen, who has performed a particular
act or pa't, when leAgued with others for
a reasonable purpose, should be regard
ed as levying war against the United
States, and thereby be guilty of the
crime of treason; and that another, who
has performed identically the same act
or part, when not so leagued, Shout not
be regarded as levying WaY, and thus be
not guilty of the crime, but that lie
should be held liable upon the ground OF
adhOri 9 to te enemies OF the United States,
and In hat sense become a traitor.
II during q rebellion and instruction
against the government, the performance
Of a particular act or part by a person,
lsagued in the conspiracy, though not in
arms, will make him gully of TREASON, ]
do not see the reason for making q like
act or part by another, not leagued in the
conspiracy also amount 70 treason.
1t appears 20 me thatif such z latti-
tude of construction be given by the
Courts, TO the terms employed by the
Il am rs of the Constitution in defining
what shall constitute the crime of trea-
son, there is danger of producing some,
at least, of those ''calamities which re-
suit from the extension of treason TO Of
fences of minor Importance" which, ac-
oording TO Chief Justice Marshall, the
limitation in tho Constitution was in
tended TO prevent.
l have seen nothing to convince me
that the term enemies" 50 used in the
constitutional definition Of treason, was
so used in any other sense thsn the term
imports in international law. 1t has
reference alone 20 aliens, the subjects or
citizens Of a nation at war with the
United Statos, or such 6ragaers as may
commit an act Of war against them, and
not TO citizens of the United States In A
state of rebellion against their govern
ment.
"What shall be said Says Hawkins
to be an adherence to the Kings enemies
sc, this is explained by the words sub
sequent, giving aid and comfort "a
them;" from which il appears, that any
assistance given to aliens IN open hostility
against the King as by surrendering a cas-
tle,&o. or selling them arms, &c, is clear.
ly within this branch. And 10 IL said
that the succOuring a rebel, fed into an
other realm, is not within tho ~otatute,
because "a rebel is not properly an eno-
my" and the statute is taken strictly"
In this view, then, gentlemen, you can
not find any indictment againstanyperson
Tor treason, who has not levied war