Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-05-08

said that "to constitute that specific crime for
which the prisoners now before the Court have
been omitted, war must be actually levied
against the United States However fagitious
NAV be the crime OF oonspring 10 subvert BY
force the Government Of our country such con
spiracy j. not treason. To conspire 10 levY war
aud actually 20 lew war, are distinct ofenses.
at i not the intention OF the
Court 70 say, that no individual can be guilty Of
this crime. who has not appeared in arms agains.
his country On the contrary, ii var be actually
levied--that is. if body OF men be actually
assembled for the purpose Of effeciing by force.
reasonable purpose-all those who perform any
part, however minute. or however remote from
the scene of action, and who are actually leacued
ia the general conspiracy. are to be considered
traitors. Bat there must be an actual assembling
Of men for the reasonable purpose 10 constitute
a levying Of war" "Adhering 70 their enemies,
giving them aid and comfort" has an obvious
meaning although no settled judicial construc-
ton has been given 70 it BY our courts When
war exists. to furnish our enemies with proy
sions. or military supplies; to send them arms,
money. or ammunition; to enlist men for them;
10 give q EN- information Of the number and pO-
sition Of our forces plan of campaign; or to do
any other act, the intent and effect Of which i TO
enable the enemies of the United States TO pre-
vail against them. is treason.
In order 10 convict OF treason. unlike the
proof in other crimes two witnesses are essential
who testify To the same overt act. or confession
must be made in open court ANY one who i
familiar with the trials for treason in other coun-
tries, and the weak and inconclusive character OF
the testimony on which convictions are had
appreciate the importance of this constitutional
provision Bearing in mind that there are two
necessary elements in this Offense, the reasonable
intention and the overt act you WILL trust, have
no difficulty in arriving at correct conclusion
should any case involving the crime OF treason
come before you.
Misprison for treason ais the bare knowledge
and conceament of treason without asserting 10
it," Whoever knows that treason has been COM
mitted. and does not disclose the fact to the
executive or judicial authorities OF the State or
Nation. il punishable bv fine and imprisonment
The offense is a serions one. and Il il exists in
this Sttte. should receive your consideration
In all cases you will apply the law YOU find
IL, without any discussion to Its necessity or
policv-real;zing that the rights of person and
property are only permanently preserved, by ad
hereng to all the requirements OF law Having
indicated to you the general principles applicable
to certain crimes respectfully refer YOU to the
District Attorney, for whatever NAV be wanting in
detail
In times of great political danger, We are apt
to overlook uffenses which ordinarily arrest the
attention. Ii is ust necessary now, rs it ever
was that YOU should diligently inquire into all
criminal violations OF United States laws. if com
mitted in this State Ordinary criminals do not
cease their depredations because stale OF war
exists.
The oath, gentlemen, which you have just Ia
ken, il broad and comprehensive in its character.
and indicates clearly the judicial impartiality and
independence which should govern you. and | feel
hat
so as to detect and punish crime and preserve the
majesty of the law. Do not seek redress pr-
vate injuries in the Grand Jury room. and present
no one tor trial unless YOU are satisfied that the
evidence upon which you base your presentment
is true and it true that unanswered. it is enough
t. convict. Bear in mind. that the certainty of
punishment deterS from the commission uf crime.
more than all other agencies combined. Do not
let your compassion tor individuals, lessen your
adherence of the crime. Justice To society re
quireS. that whoever has wilfullv violated the law
shall be punished Mercy Is misplaced when it
screens the wlfully guilty At the same time,
you should be careful to indct no one on sus
picion, through prejudice. or hastily. Patience is
a virtue much needed in Grand Jury room.
Many witnesses are brought before you unwilling
lv. and testify reluctantly. Instruct them. as Ia
their duty and your power and by patient ex-
animation, you will ultimately reach the truth
Do not disclose To any one. while YOU are in ses-
sion. after you adjourn. what has transpired in
the jury room. Ii is sometimes done, and the
practice is pernicous one
You perform, gentlemen an important part in
the administration of public justice, for without
your aid and cooperation. crime not be pun
shed
feel confident that YOU will discharge the i'm
portant trust contded To you, 50 to satisfy your
selves, the public mind. and the Court.