M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1863-06-11

hoDie uelense OF Hardy, "6y no new
or occasional construction - to be
strained by no fancied analogies--tC
be measured by no rules Of political
expediency--to be Judged Of by nc
theory = to be determined by the
wisdom ofno individual however wise
but to be expounded by the simple
genuine letter of the law"
SuCh, sir, is the law Of treason n
England tU day; and 10 much Of tat
just and admirable statute Of Edward
as is applicable to our form of gov
ernment was embodied in the Consti.
tuition of the United Statea. Tbe
men of17ST were we'll read in history
and in English constitutional law,
They knew that monarchs and Gov.
ernments, in all ages, had struggled
to extend the Limits Of treason, so as to
include all opposition to those 10
power. They had learned the max
ium that, miserable is the servitude
where the law Is either uncertainty OF
unknown, and had studied and valued
the profound declaration OF Monies.
qnieu, that "if the crime of treason
be indeterminate. that alone is suffic
lent to make any Government degen
crate into arbitrary power" Hear
Madison, in the Fedegdtist !.
cas- tangled and artificial treusons
have been the great engines by which violent
factions. the natural offspring Of free gov
ernmen's, have usually wreaked their alter.
nate mallgnity on each other, the convention
have, with great judgment. opposed barrier
to this secular danger, by inserting consti-
tutional definition Of the crime, fixing the
proof necessary for conviction of it, aud re-.
straining the Congress, even in Furnishing
it, from. extending the consequences Of guilt
beyond the person Of its author"
And Story, not foreseeing the pos.
sibility OF such a party or administra
ton as is now in power, declared il
ian impossible barrier against arbi.
trary constructions, either by the
courts or by Congress, upon the crime
Of treason" Congress-" that, sir, ia
the word, for he never dreamed that
the President, Or still less, his clerks,
the Cabinet ministers, would attempt
to declare and punish treason. And
yet what have we lived to hear in
America daily, not in political har.
angucs or the press only, but in official
prOclamatons and in bills in Con.
gross Yes, your high officials talk
now of Unreasonable PRACTICES" as
glibly "as girls Of thirteen do Of
puppy dogs." REASONABLE practices
DiSloyaIty! Who imported these
precious phrases, and gave them a
legal settle nlent here Your Secre.
tary OF War. lie it was who by com
mand of our most noble President
authorized every marshal, every sher.
ii, every township constable, or city
policeman, in every State in the
Union, to fix, in his own imagination
what he might choose to call a treas,
enable or dIsloyal practice, and then
to arrest any citizen at his discretion,
without any accusing oath, and with
out any due process OF law. And
now, sir all this monstrous tyranny,
against the whole spirit and the very
letter of the Constitution, is to be de.
llberately embodied in an act OF Con.
gress Your petty provost marshals
are to determine what reasonable
practices are, and Enquire intU," de.
tect, spy out, eaves.drop, insuare, and
then inform, report to the chief spy at
Washington. These, sir, are now to
be our American liberties under your
Administration. There is not a crow.
ned head in Europe who dare venture
on such an experiment, How long
think you this people will submit
But words, too conversation or pub
lie speech are to be adjudged "trsa-
sonable practices" Men, women and
children are to be hauled to prison
for free speech. Whoever shall de
nounce or oppose this Administra
ton ; whoever may affirm that war
will not restore the Union, aud teach
neD the gospel of peace, may be re.
ported and arrested upon some old
grudge, and by some ancient enemy,
may be, and imprisoned as guilty Of
treasonableipractice.
Sir, there can be but one treason.
able practice under the Constitution
of the United States. Admunished
by the lessons OF English history, the
trainers of that instrument defined
what treason is. 1t is only the oIfense
defined in the Constitution. W.
know what it is. Every man can tell
whether he has committed treason
Tie has only to look into the Uonsti
tuition, and he knows whether he ba:
been guilty Of the ofense. But nei
ther the executive nor Congress, mol
both combined, nor the courts, have
a right to declare, either by pretend
ed law or by construction, that any
other ofense shall be treason, except
that defined end limited in this in.