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

"That II any person shall hereafter
incite, set on foot, assist, or engage in
any rebellion OF resurrection against the
authority Of the United States, or the
laws thereof, or ehall give aid and COM
fort thereto, or shall engage in, or give
aid and comfort to, any such existing re-
bellion or insurrection, and be convicted
thereof, such person shall be punished by
Imprisonment for a period not exceeding
ten wears, and by q fine not exceeding
ten thousand dollars, and by the liberia
ton of all his slaves, If any he have or
by both Of said punishmenis, al the dis
erection Of the court"
/ have already advanced ne opinion
that the terms used in the Constitution,
'adhering TO their enemies, giving them
aid and comfort" in defining what shall
constitute the crime of treason, did not
include an adherence aud giving aid and
comfort to rebels in arm against the Gov
eminent of the United States but was
applicable only TO foreign enemies. And,
as q consequence, that the various acts,
before mentioned as instances Of such
an adherence, and giving aid and COM
fort to such enemies, which would amount
TO treason ia citizens of the United States,
would not be treason, under the Consti-
tuition, when done or performed by such
citizen towards persons engaged in q re-
belh0a or iRsurTecti0n against the authority
of the United States Government, unless
such citizens, 30 performing said acts,
should be leagued in the conspiracy
against their Government. Consequent
~ persons, owing allegiance TO the Gov
eminent Of the United States, 80 COM
hitting acts, which would be treason, il
done or performed towards enemies dur
| ing a foreign war, would not be guilty OF
the crime of treason, (nor, indeed, Of any
offence punishable by our laws, until af-
ter the passage of the Act aforesaid, OF
July, 1862 ia q domestic war, if similar
acts were done by them, unless their
completely in the rebellion or insurrec-
ton should be established.
Bat this statute seems to supply the
omission, by declaring that any person
who shall incite. set on foot, assist or en-.
gage in any rebellion or instruction; OF
who shall engage in, or give aid anC
comfort to any such existing rebellion OF
instruction, shall be punished as there
in directed. So that, under this law, al
acts of assistance in the way of giving
aid and comfort to the enemy, which il
a foreign war, would be treason, viii
now, if done in aid of a rebellion, by &
person not leagned in the conspiracy, fall
within the terms OF said act, and b'
punishable as a high misdemeauor.
II any person therefore, since the pas
sage of the act aforesaid, shall give, OIL
has given within this district, any suct
aid and comfort, TO the rebellion now il
progress against the authority of tht
Government of the United States, as that
before mentioned, either by raising troops
for the rebels, or supplying them witt
money, arms, or Intelligence by secret let.
ters or other wise, or conveying 20 then
clandestinely any articles conir3oaUd o
war, or shall wilfI |, do or commit ans
other act calculated and tatended by hin
to assist and promote the cause Of th,
rebels in their neiariuus purposes; suol
person will be guilty of a violation o
the last aforesaid act, and liable TO tn
punishment therein provided, and it viii
be your duty TO present any such offend.
er TO this Court.