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


I will call your aitoNtion 20 that portion
Of the article Of tho constitution already
cited. wherein IL 10 declared that "no
pers VI shall be ooOsioed of treason, I'M
less on tue testimony Of two witnesses
TO the same overt act, or on confession in
open court" This and the correspond
ing language Of the act of Congress OF
the 9Oth of April, 1890, seem 70 refer to
the proofs on the trial, and rot 20 the
proceedings before the grand jury. For
no conviction can take place until after
tho bill 10 found and arraignment there
on. Your action therefore in a case be-
fore you is not a trial. and you cannot
convict, no matter what may be the evil
dence or the number Of the witnesses.
To enable you then to find an indictment,
the testimony of t1o witnesses TO the
same overt act is not required, but the
evidence should be such as to convince
you Of the guilt Of tho accused. This
seems to have been the opinion of Chief
Justice Marshall In Burr's case, aud
upon that authority and the reasons
before stated, l feel no hesitation in rec
ommending it TO you, as within the
terms Of the constitution, and involving
no injustice 70 the accused.
MIsPR1sIoN OF TREASON.
BY the second section Of the act Of the
Goth Of April, 1890, it is enacted as fol-
lows: "If any person or persons having
knowledge Of any Of the treaons afore-
said, shall conceal, and not, az soon rs
may be, disclose and make known the
same TO the President Of the the United
States, or some one of the judges thereof,
or to the President or Governor of a par
ticular State, Or some one of the judges
or justices thereof, such person or per-
sons, on conviction, shall be adiudged
guilty Of misprision of treason, and
shall DO imprisoned not exceeding seven
years, and hned not exceeding ono thou
sand dollars" This act is explicit
enough, and needs no comment.
CONSPIRACY.
Your attention having thus been di-
rected to the crime of treason and the
law stated in regard TO il, [ will proceed
TO notice some other offences of a lower
grade, which should also command your
attention The first TO which | shall adj
vert is that of conspiracy which, by a re-
cent act of Congress, of July IL, 1861. is
made high crime; and it is so closely
allied 20 the crime of treason, being
one of lis essential elements, that
the two ought properly TO be considered
in the same connection. The act referred
10 is in the following words "Tkat il
two or more persons, within any State or
Territory of the United States, shall
conspire together TO overthrow, or TO nut
down, or TO destroy by force, the Gov
eminent of the United States or, 10
levy war against the United States (;
or, TO oppose by force the authority of the
Government of the United States or, ,
force, TO prevent, hinder or delay the \
ecution Of any law of the United States :
or, by force, to seize, take or possess any
property of the United States, against
the will or contrary to, the authority of
the United States or, by force, or intim-
idation. or threat, to prevent any person
from accepting or holding any office of
trust, or place of confidence, under the
United States, each and every person so
offending shall be guilty of a nigh crime,
and upon conviction thereof in any dis.
trict or circuit court of the United
States, having jurisdiction thereof. or
district or supreme court of any ter
ritory of the United States, hay
ing jurisdiction thereof, shall be pun
ished by q fine, not less than five hun
dred dollars, and not more thar five thou
sand dollsrs; or by imprisonment, with
or without hard labor, as the court shall
determine, for a period not less than six
months, nor greater than six years, or by
both such fine and imprisonment"
You will observe that, by th 8 statute,
the objects for which tho conspiracy is
entered into, are such that, if the con-
spiracy were carried into execution. or
attempted TO be effected by force, il would
amount 10 levying war against the United
States, and make the parties engaged in
the conspiracy guilty Of the crime OF
treason. But the act makes the %oonSpir-
doy itself a high crime, and subjects the
parties concerned in il, 60 a heavy pun
ishment. In any Gaze, therefore, that
may come before the grand jury %involv-
ing the crime of conspiracy il will de-
VOlys upon you TO examine closely the
evidence adduced, and carefully 90 dis
tinguish between that and Inc higher
crime Of treason. II, from the proof, il
any, which mas come before You, there
shall appear TO have been any conspiring
or agreeing together between two or more
persons, since the passage of the said Act
of July II, 1861, to do or effect any OF
these things mentioned in the Act, no
matter whether any steps have been ia
ken by them towards executing their in
tention or not, and you shall be convinced
Of the guilt of the person, or persons,
accused of so conspiring, il will be your
duty TO find on indictment against them.
The offence of conspiracy does not consist
in the accomplishment of the unlawful
purposes designated by the Act; but in
the actual concert and agreement between
two or moro persons 70 effect them, OF
either one of them.
In relation to any charge of conspira-
oy under the Act aforesaid, of July. 1861.
which may come under your considera-
lion, and also upon a charge of treason,
if any shall arise, you should carefully
examine the evidence that may be adj
duced, and ascertain whether il amounts
to proof Of conspiracy or treason. If, for
instance, the charge embraces any of the
objects mentioned in said Act-as, fY
example, to overthrow the Government
by force, or 20 levy war against the Uni
ted States, or, by force, TO provsht the
execution of a law of the United States"
you must scrutinize the evidence 10 as-
certain whether the offence, il any Of
fence be proved, amounts TO a ~conspiracy
simply, or 10 the crime Of treason. For
If the evidence evinces onlya com 6,atinl
TO effect by force, one or the other of these
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