The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1863-03-09

they seek to overthrow:
Let loyal Union men mark all such.
and rest assured that they will become
spies for the traiter guerrillas OF the South
whenever they can do 30 with safety.
Juags Caleb y. Smith sn Dessrsisn =
and Consptracy.
In the case Of the Morgan county
(Ind. conspirators, tried in the United
States District Court at indianapolis. and
found guilty. Judge Caleb b. Smith, 10
his charge to the jury. remarked:
Our Government is peculiar one, and
depends upon the people for i.s integrity.
~ the people are the source Of power, il
they are united, our Government is the
strongest one in the world II they are
divided, it is the weakest, and the Con.
stitution and the laws as ropes of sand
There are two forms Of governing svery
free Stately civil law and military law.
The latter comes in to assert the supre-
macy Of the former, and is as surely and
really binding upon every citizen a the
civil law. If two or more persons com
bine to overthrow . law Of the United
States, or to resist its execution. they are
conspirators, and liable to punishment
under this act Of Congress. It may be
thought light matter that men should
assemble together to consult upon mode
OF opposing law in IN anlswful nspner,
but it Was not. The essence Of crime y
this very agreement; and it is NO matter
If they do not commit the act which they
intended they are guilty of the crime Of
conspiracy. In order to put down the
rebellion which is now overwhelming us,
il is necessary to have troops. A very
large army is now in the field, but the
Government has suffered much by deser-
tions, and though there are laws for pun.
ishing the crime Of desertion, and The
extreme penalty Of that law is, under
certain circumstances, death, yet the
Court vas not aware that a aingle cxecu-
tion had taken place for that particular
crime, since the war commepced. Our
Government has been exceedingly leni-
ant, mora 20 than any other on The fsce-
of the globe. 1t had also shown ns lib
erslity to the soldiers. It pays them
more wages-clothes and feeds them bet
ter than any other nation on earth ever
did its soldiers. Since the breaking out of
the var Congress has passed law great
ly increasing the wages OF our troopa, es-
pecially the private soldiers. Our Gov
eminent has been slow in pursuing de-
serters. But it became necessary q take
such measures ~ would check dssertion,
or it would find itself unable to prose
cute the war against the rebellion, -
These soldiers have been enlisted in the
service Of the United States for speci-
ied time have receivedsa bounty and a
portion Of their promised wages, and they
are in duty bound to carry out their part
Of the agreement. They volunteered to
do se, and thosgh some Of them may be-
come tired Of the service, yet that does
not exonerate them from their Obligations.
Thsy must fulfill sheir part Of the bar
gain, and no power on earth, short Of the
Government which has accepted their
voluntary contract. can release them from
it. But they have, many Of them, taken
the liberty to release themselves BY de-
sertion, and have come home-where
they have no right thus to come-and
here they End men banded toRsther to
protect them from their solemn obliaa.
tions, and even to resist parties in par
suit Of them. II 10 in vain fov these de-,
fendants to declare that they did not band
together for the purpose Of resisting the
rightfnl, lawful Government. You, gem
tlemen Of the jury. are to Judge Of what
they did, and are to interpret their inten-
tions from their criminal actions. Nor
does it matter which party ired iifst. In
case Of conspiracy you have bat to satisfy
yourselves that there was : conspiracy.
and it follows, what each and every ne
did goes 10 makes mp the crime, and
each one il himself liabls for the actions
of every other oonspirator, however much
he may d.sapprove Of them. This i :
necessary consequence Of the crime Of
conspiracy. II the soldiers who arrested
these defendants saw demonstrations Of
resistance, these were enough, and il was
their duty to charge upon and arrest
them. l
H The Indications are pumsrous
that the buttsrnut season il about over.
The prospects are that : crop Of the fruit
Of the trss viii y ) Ailure. Il Is asoer.
tained that the she'll Of the nut is thin,